(1.) Sri S.K. Tyagi, learned counsel for the applicants/ appellants was heard at length on 24.11.2016 on the delay condonation applications and the order was reserved after noting the submissions in the leading First Appeal Defective No.126 of 2016, as under:
(2.) FACTS OF THE CASE:- Briefly stated, the facts of the present case are that by notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act') issued on 22.09.1979 and published in the official gazette of the State of U.P. on 10.11.1979, certain land for construction of Main Nala in NOIDA area of village Shahadara, Tehsil Dadri was acquired. Notification under Section 6 of the Act was issued on 13.03.1980 which was published in the official gazette on 10.05.1980. Possession of the land was taken on 15.12.1980. The Special Land Acquisition Officer gave his award on 21.01.1982 offering compensation @ Rs.4086.02 per bigha besides solatium and interest etc. as against the claimed compensation @ Rs.25,000/- per bigha. Dissatisfied with the award of the S.L.A.O., various references were made at the instance of the tenure holders under Section 18 of the Act being L.A.R. Nos.195, 197, 203 & 204, all of 1982. All the aforesaid Land Acquisition References including some other references were decided by the impugned common judgment dated 06.02.1988 passed by the court of 5th Additional District Judge, Ghaziabad. Certified copy of the impugned judgment was applied by the appellant on 09.02.1988, which was ready on 03.03.1988 and the same was received on 04.04.1988 as is evident from the photostat copy filed along with the appeal. However, instead of filing certified copy of the impugned common judgment, the appellants have filed an application for grant of three months' time to file certified copy of the impugned common judgment, which has not been filed as yet despite lapse of more than seven months.
(3.) By the impugned common judgment, the reference court enhanced the compensation and determined the market value of the acquired land @ Rs.10,000/- per bigha. It also awarded additional compensation under Section 23(1-A), solatium @ 30% and interest @ 9% till 14.12.1981 and thereafter @ 15% per annum till the date of payment of the enhanced amount.