HARCHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforesaid modification/clarification applications have been filed on behalf of the claimants-appellants in the respective first appeals to modify the judgment and order of this Court dated 05th November, 2014, which was passed in a batch of first appeals including the aforesaid appeals, led by First Appeal No. 702 of 2001 (NOIDA v. Bahadur and others), arising out of the order passed by the Xth Additional District and Sessions Judge, Ghaziabad in the land acquisition references under Section 18 of the Land Acquisition Act, 1894.

(2.) The appellants-claimants are residents of Village Gijhore, Pargana and Tehsil Dadri, District Gautam Budh Nagar (the then district Ghaziabad). A notification under Section 4 of the Act read with Section 17 of the Act was issued on 28th February, 1990 for acquiring the land of the claimants and a corrigendum was published on 26th July, 1990. The declaration under Section 6 of the Act read with Section 17 of the Act was published in the official gazette on 12th June, 1990 and a corrigendum was published on 14th September, 1990. The Special Land Acquisition Officer vide his award dated 30th July, 1992 determined the market value of the land for the purpose of payment of compensation at the rate of Rs. 50/- per square yard. The appellants-claimants filed their references under Section 18 of the Act claiming compensation at the rate of Rs. 500/- per square yard. The Xth Additional District and Sessions Judge, Ghaziabad, the Reference Court, after having clubbed all the references, by a common judgment dated 16th August, 2000 enhanced the compensation from Rs. 50/- per square yard to Rs. 126/- per square yard with interest, additional interest and solatium as provided under the provisions of the Act.

(3.) Dissatisfied with the order of the Reference Court the claimants-appellants preferred separate first appeals for enhancement of compensation. In this Court the appellants claimed enhancement of compensation from Rs. 126/- per square yard to Rs. 176/- per square yard and have paid the court fees accordingly.