U P AVAS EVAM VIKAS PARISHAD Vs. UDAI RAM DEAD
LAWS(SC)-1997-3-25
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 17,1997

U.P. AVAS EVAM VIKAS PARISHAD ETC. ETC. Appellant
VERSUS
UDAI RAM (DEAD) THROUGH L.RS. Respondents

JUDGEMENT

- (1.) Delay condoned. Leave granted.
(2.) We have heard the counsel on both sides. These appeals by special leave arise from the judgment of the division bench of the Allahabad High court, made on 2/5/1996 in FA No. 757 of 1986 and batch.
(3.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short "the Act") was published on 9/5/1970. The Land Acquisition Officer passed his award on 28/3/1980. The respondents claimed a reference under Section 18. The District Judge enhanced the compensation to Rs. 14. 00 per sq. yd. by his award and decree dated 15/5/1985. The reference court also applied the provisions of Amendment Act 68 of 1984 and granted enhanced benefits under the Amendment Act. The appellant-Parishad claimed that the Amendment Act is not applicable since the proceedings were initiated under the U. P. Avas Evam Vikas Parishad Act under which special procedure has been prescribed for determination of compensation. The High court has rejected the contention and awarded compensation at the rate of Rs. 28.35 per sq. yard. Thus these appeals, by special leave.;


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