SAHI RAM Vs. STATE OF U P

JUDGEMENT

(1.) Since all the aforesaid first appeals are arising . out of selfsame judgement and award dated 24th August, 1992 passed by the Court of reference, the same have been heard analogously and are being decided by this common judgement having binding effect in ail the appeals, taking First Appeal No. 399 of 2009 as leading one.

(2.) In brief, the facts giving rise to the aforesaid appeals are that a gazette notification No. 2932/18-4-87(Kha)-87 Lucknow, dated 13th October, 1987 under Section 4 (1) of the Land Acquisition Act, 1894(hereinafter in short called as the 'Act') was published on 19th October, 1987, publication of which in two newspapers, namely, Dainik Hint and Dainik Pralayankar was done on 20th November, 1987 and 21 st November, 1987 respectively and public notice of the substance of such notification was given on 11th March, 1988. The aforesaid notification was issued for acquiring the land having a total area of 357-3-5 bighas situated in Village Mamura, Pargana and Tehsil Dadri, District Ghaziabad for the purpose of development of project of Sectors-59 and 60 of New Okhla Industrial Development Authority, Ghaziabad (hereinafter in short called as the 'NOIDA'). In the said notification it was provided that since the land is urgently required, provisions of Section 17 (1) & (1-A) of the Act will be applicable but not Section 5-A of the Act. In respect of the aforesaid notification, a corrigendum gazette dated 24th December, 1987 was also issued, public notice of substance whereof was given on 8th December, 1988. Gazette notification under Section 6 (1) of the Act dated 6th July, 1988 was also published on 08th July, 1988, whereas publication thereof in two newspapers, namely, Dainik Pralayankar and Dainik Hint as well as public notice of the substance thereof were done on 28th July, 1988,29th July, 1988 and 20th August, 1988 respectively. After issuance of the aforesaid notifications, opportunity to file objection was given to the land holders under Section 9 of the Act regarding measurement and rate of compensation, fixing 5th September, 1988 for hearing. Thereafter, after payment of 80% amount the possession of land for an area of 356-19-5 bighas was handed over to the NOIDAon 24th December, 1988.

(3.) As recorded by the Special Land Acquisition Officer, NOIDA, Ghaziabad(hereinafter in short called as the 'SLAO'), no agreement to sell was produced by any of the land holders before the SLAO. For the purpose of determining the amount of compensation, the SLAO called for the sale-deeds executed within a period of three years from the date of last publication of Section 4(1) of the Act from the office of Sub-Registrar, Dadri, during which period total 20 sale-deeds were found to be executed. The SLAO for some reason or the other discarded 19 sale-deeds and took the sale-deed at SI. No. 20 to be the appropriate for forming basis to determine the amount of compensation. This sale-deed/agreement to sell was executed before five months from the last date of publication for an area of 300 square yard at the rate of Rs. 50/- per square yard. The land under this sale-deed was also falling within the acquired area. On the aforesaid basis the SLAO by its award dated 30th June, 1990 awarded compensation of the land at the rate of Rs. 50/- per square yard for those land holders whose area is below 8 acre, whereas for those land holders whose land area is more than 8 acre, awarded compensation for the land at the rate of Rs. 37.50 per square yard by making deduction of 25%. SLAO also awarded solatium @ 30% of the compensation for land, 12% additional compensation from the date of last publication of notification under Section 4(1) of the Act i.e. 12th March, 1988 till the date of taking over possession on 24th December, 1988, interest @ 9% for one year and 15% after, one year, and other compensations for house and well etc.