GYAN CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) In the year 1972-73 the State of Uttar Pradesh acquired 101.7109 acres of land in village Dundhara, Pargana Loni, Tehsil and district Ghaziabad for Industrial Development Corporation for planned development of industries. Notification under Section 4 (1) of the Land Acquisition Act was published on 25.4.1972 and under Section 6 of the Act was published on 6.4.1973. Possession of the land was taken on 1.6.1973. The Special Land Acquisition Officer made its award on 30.11.1976. Market value of the acquired land was fixed at the rate of Rs. 2 per sq. yard. The land owners in addition to the market value were awarded solatium at the rate of 15% per annum and interest at the rate of 6% per annum on the amount of compensation. Besides compensation for the land, compensation for buildings, trees, etc. was also awarded to the land owners. All the land owners in the present appeals felt aggrieved by the award of the special land acquisition officer. They filed applications before the Collector for making reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act).

(2.) In Om Prakash v. State of U . P., First Appeal No. 15 of 1981 arises out of L. A. Reference No. 4 of 1977 in which 2 bigha 3 biswa 10 biswansi land of the appellant was acquired. Smt. Chandra Kanta v. State of U. P., First Appeal No. 16 of 1981 arises out of L. A. Reference No. 6 of 1977 in which 19 biswa land was acquired. Om Prakash and Gyan Chandra v. State of U. P., First Appeal No. 17 of 1981, arises out of L. A. Reference No. 5 of 1977 in which 9 biswa land is involved. Suraj v. State, First Appeal No. 18 of 1981, arises out of L.A. Reference No. 11 of 1977 in which 1 bigha 17 biswa 4 biswansi land was acquired. Mittan Lal v. Stat, First Appeal No. 19 of 1981, arises out of L.A. Reference No. 12 of 1977 in which 1 bigha 1 biswa land is involved. Gyan Chandra v. State of U. P., First Appeal No. 225 of 1999, arises out of L.A. Reference No. 8 of 1977 in which 4 bigha 6 biswa 3 biswansi land is involved. In all the above appeals by separate judgments dated 2.9.1980. The Reference Court/Additional District Judge. Ghaziabad, rejected the reference with costs to the State. Aggrieved by the judgments, the claimants have filed these appeals.

(3.) In State of U. P. v. M/s. Prem Prakash and others, First Appeal No. 1081 of 1999, arising out of Land Acquisition Reference No. 45 of 1977 total area involved is 10 bigha 9 blswa 10 biswansi. In State of U. P. v. Smt. Saraswati Devi and others. First Appeal No. 627 of 1982. arising out of L.A. Reference No. 190 of 1977 total area involved is 1 bigha and in State of U. P. v. M/s. Shaki Bhatta Udyog. First Appeal No. 655 of 1982, arising out of L.A. Reference No. 7 of 1977 total area involved is 2 bigha 10 biswansi and in First Appeal No. 656 of 1982 arising out of L.A. Reference No. 9 of 1977 the total area involved is 3 bigha 15 biswa 10 biswansi. In these cases also the Special Land Acquisition Officer had awarded compensation at the rate of Rs. 2 per Sq. yard and solatium at the rate of 15% and interest at the rate of 6% per annum besides compensation for building etc. All the 4 references were decided by the reference court by a common judgment dated 18.12.1981. The reference court partly allowed the references and enhanced the amount of compensation for the acquired land at the rate of Rs. 8 per Sq. yard besides enhancing compensation with regard to the existing buildings etc. The State felt aggrieved by the awards made by the reference court and has filed these appeals.