C. K. Thakker, J. - (1.) In the present group of appeals, the appellants have challenged the judgment and final order dated September 03, 2001 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 31958 of 2001 and companion matters as also the order dated January 04, 2002 passed in Review Civil Miscellaneous No. 85091 of 2001 and cognate matters.
(2.) Since common questions of fact and law have been involved in all these appeals, it is appropriate to deal with and decide them by a common judgment.
(3.) To appreciate the controversy raised by the appellants, it may be appropriate to narrate the facts of the case in Civil Appeal Nos. 6850-6851 of 2003. According to the Kendriya Karamchari Sehkari Grah Nirman Samiti Ltd. ('the Samiti' for short)-appellant herein, proceedings under Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for acquisition of 325.353 acres of land of village Chhalera, Pargana and Tehsil Dadri, District Gautam Budh Nagar had been initiated. The land was sought to be acquired for public purpose, viz., Planned Development of New Okhla Industrial Development Authority (NOIDA), Gautam Budh Nagar. Preliminary notification under Section 4 read with Section 17 of the Act by applying urgency clause, was issued on October 30, 1987. It was published in the Official Gazette on February 27, 1988. The final notification under Section 6 read with Section 17 of the Act was issued on June 12, 1989 and published in Official Gazette on December 14, 1989. Notices were published in the newspaper indicating acquisition of land of various land-owners on February 05, 1990. Award was made by the Special Land Acquisition Officer, NOIDA, District Ghaziabad in terms of Dispute No. 135 of 1988-92 on February 04, 1992. According to the appellant, the Land Acquisition Officer awarded compensation to the land-owners at the rate of Rs.43.64 ps. per sq. yard. It may be stated that according to the appellant-Samiti, it purchased a part of the land on November 15, 1990. The land was transferred in the name of the Samiti. It is the case of the appellant Samiti that several land-owners were not satisfied with the amount of award offered by the Land Acquisition Officer and they sought Reference under Section 18 of the Act. More than 50 such References, therefore, came up for consideration before the Reference Court. The Court of the Additional Upper District Judge-X, Ghaziabad by judgment and order dated August 28, 2000 enhanced the compensation awarded to the land-owners by holding that the land-owners were entitled to a sum of Rs. 148.75 ps. per sq. yd. with 30% solatium and 12% interest per annum. It was also observed that the amount paid pursuant to the award passed by the Land Acquisition Officer would be adjusted while making payment by the authorities as per the order in Reference.;