STATE OF UTTAR PRADESH Vs. TULSI

JUDGEMENT

(1.) -This judgment will dispose of all the connected First Appeals i.e. First Appeal No. 17 of 1985 State of U.P. v. Rama; First Appeal No. 18 of 1985 State of UP. v. Sukha- First Appeal No. 19 of 1985 State of U.P. v. Kannaiya and First Appeal No. 20 of 1985 State of U.P. v. Hari Singh, filed by the State Government against the award of Shri S.N. Singh, Ist Additional District Judge, Bijnor dated 17.9.1984 by virtue of which the claimants were awarded compensation for an area of 3.81 acres of land calculated at the rate of Rs. 11,848.34 per acre, as they arise out of notification under Section 4 of the Land Acquisition Act dated 4.1.1979 and the purpose of the acquisition was also same. Besides the amount of award the claimants were also awarded solatium at the rate of 15% on the total amount of compensation awarded to them and it was further ordered that after deducting the amount already received by the claimants enhanced amount be paid or else they will be entitled to interest at the rate of 9% per annum.

(2.) Feeling aggrieved the State Government filed appeal challenging the award on the ground that Special Land Acquisition Officer's determination at the rate of Rs. 4,694.80 per acre was correct market value, the awarded amount is excessive and the rate of interest has been also, granted against the provisions of Section 28 of the Land Acquisition Act (hereinafter referred to as the Act).

(3.) Few dates are relevant for the purpose of deciding this case. The land was measuring 3.81 acres was acquired by the State Government for the construction of efflux bands and the description of the plots has been mentioned in the award. Notification under Section 4 of the Act was made on 4.10.1979 and the Award was passed by the Special Land Acquisition Officer on 19.6.1981 granting the market value @ Rs. 4,694.84 paise per acre relying upon exampler sale deed dated 31.12.1977 mentioned at Serial No. 8.