RAEES AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Gurfan Ali learned counsel for the appellant, learned Standing counsel for the respondent no. 1 and Sri R.K. Srivastava learned counsel for the respondent no. 2. This appeal has been preferred by the claimants seeking enhancement in compensation under Section 54 of the Land Acquisition Act. The land in dispute was acquired vide notification issued under Section 4 of the Act dated 19th August 1989. The award was made by the Special Land Acquisition Officer (in short SLAO) on 18.8.1990 and he offered market value @ Rs. 4.69 paise per sq. yard. Not being satisfied with the offer so made the claimants preferred reference under Section 18 of the Act. The reference court dismissed the reference and no enhancement was made. Aggrieved, the claimants have preferred this appeal. It may not be out of context that in one of the reference No. 35 of 1991, the reference court awarded market value of Rs. 96,000/- per bigha. Therefore, on appeal by the U.P., State Sugar Corporation Limited being First Appeal No. 66/95 decided by the this Court on 16.8.2007 (2007(8) ADJ 316) the market value of the acquired land was determined finally @ Rs. 30/- per sq., yard which judgment is final and conclusive. Learned counsel for the appellant has also placed before me the judgment and order of this Court dated 17.3.2008 passed in two other appeals ie., (782)/96 and (783)/96 Abdul Vahid and others Vs. State. In this judgment also the compensation at the market rate of Rs. 30 per sq. yard along with 30% solatium and interest as provided under Section 23 (1-A) of the Land Acquisition Act was upheld. Another judgment relating to this very acquisition being judgment and order dated 28.9.2007 passed in First Appeal No. 245/03 Smt. Jaitun Vs. State of U.P., and others was also shown to me. In this judgment also the claimants have also been awarded @ Rs. 30/- per sq. yard, 30% solatium along with other statutory benefits under the Act. Learned Standing counsel accepts that the matter is covered by the aforesaid judgments and orders and the market rate of Rs. 30/- per sq. yard has finally been upheld by this Court. In view of the above, this appeal is allowed and the claimants appellants are also held entitle to compensation of Rs. 30/- per sq. yard along with statutory benefits admissible under the Act ie., additional amount under Section 23(1-A) and solatium under Section 23 (2) of the Act and interest @ 9% in the first year of possession and for the subsequent periods @ 15% till the date of deposit/payment of compensation. Appeal is finally disposed of with the consent of the parties.