Khare, C.J.I - (1.) -On 5th March, 2003 when these appeals came up for hearing before a Bench of this Court, the Bench was of the view that these matters require to be heard and decided by a Bench of three-Judges. It is in this way these appeals have come up for hearing before us.
(2.) Before us, there are two sets of civil appeals one set of appeals is at the instance of the claimants whose land has been acquired and the same is directed against the order and judgment passed by the Allahabad High Court partly allowing the first appeals of U.P. Avas Evam Vikas Parishad (hereinafter referred to as "the Parishad") and the other set of appeals is at the instance of the Parishad.
(3.) The Uttar Pradesh Legislature has enacted Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "the Adhiniyam"). The Avas Evam Vikas Parishad (in short "the Parishad") was constituted under the Adhiniyam. One of the duties assigned to the Parishad under the Adhiniyam is to frame and carry out housing schemes by acquiring land. In that view of the matter, the Parishad issued a Notification dated 2nd October, 1982 under S. 29 of the Adhiniyam proposing to acquire 136.12 acres of land in villages Majhola and Majholi, both adjacent to town of Morabadad. The said Notification under S. 29 was followed by a Notification dated 5th May, 1984 issued under S. 32 of the Adhiniyam which corresponds to notification under S. 6 of the Land Acquisition Act. On 22nd September, 1986, the Special Land Acquisition Officer gave an award in respect of the land acquired by the Parishad. The Land Acquisition Officer granted different rates of compensation in respect of the lands so acquired. The claimants were not satisfied with the compensation offered to them by the Collector and, therefore, they sought reference before the Reference court. The Reference Court, by an order and judgment dated 18th April, 1990, enhanced the compensation from Rs. 55 per sq. metre to Rs. 130 per sq. metre and also granted solatium at the rate of 15 per cent. interest at the rate of 9 per cent. and additional amount under S. 23(1-A) of the Land Acquisition Act. Simultaneously the Reference Court deducted 25 per cent. of the compensation towards the development deductions. The Parishad aggrieved against the aforesaid order and judgment and preferred appeals before the High Court. The High Court divided the entire acquired land into three categories by applying belting system. The High Court granted solatium at the rate of 30 per cent. instead of 15 per cent. as awarded by the Reference Court and also interest at the rate of 15 per cent. for one year and 9 per cent. for subsequent years. Consequently appeals were partly allowed.;