UTTAR PRADESH AVAS EVAM VIKAS PARISHAD Vs. JAGDISH

JUDGEMENT

(1.) This bunch of thirty appeals arises out of references filed before the District Judge, Moradabad (for short the D.J.) under Section 18 of the Land Acquisition Act. 1894 (for short the Act) all the first appeals have been filed by U. P. Avas Evam Vikas Parishad, Moradabad (for short the Parishad) except F. A. No-. 1187 of 1990 which has been filed as a cross-appeal by land owners for enhancement of compensation which has been heard with F.A. No. 706 of 1992 filed by the Parishad. !n some first appeals, land owners have preferred cross-objections reference about which shall be made when individual cases are dealt with. It may be mentioned here that Parishad's F.A. No. 211 of 1996 has been delinked from this bunch as some enquiry appears to be pending against the District Judge raising the compensation for which the record has been requisitioned there. Thus, this bunch consists of 29 appeals by the Parishad and one by land owners.

(2.) A total area of 136.12 acres became the subject-matter of notification under Section 4 of the Act published in U. P. Government Notification dated 2.10.1982. U was followed by a notification under Section 32 of the U. P. Avas Evam Vikas Parishad Adhiniyam (for short the Adhiniyam) dated May 5. 1984 (which is equivalent to Section 6 of the Act). Undisputerfiy the Parishad took possession over the entire land on 25.6.1986.

(3.) The area of 136.12 acres of land comprises of 97.84 acres of village Majhola and 38.28 acres of village Majholi, both being adjacent, falling in District Moradabad. The special Land Acquisition Officer (for short the S.L.O.) has passed two awards : --Award No. 5 of 1986 for the land in village Majhola --Award No. 6 of 1986 for the land in village Majholi both of which were passed on 22.9.1986. For all practical purposes, therefore, the expression award used hereinafter- shall include either of the awards as the plot/village concerned may demand.