S. C. Agrawal, J. - (1.) Leave granted in Special Leave Petitions (Civil) Nos. 11170/95, 10512-10538/95, 10147/95 and 9549/95.
(2.) These appeals are directed against the judgment of the Allahabad High Court dated December 7, 1994 in appeals arising out of proceedings for acquisition of land in connection with the housing scheme framed by the U.P. Avas Evam Vikas Parishad (hereinafter referred to as 'the Parishad') under the provisions of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as 'the Adhiniyam'). They raise common questions relating to the applicability of the provisions contained in the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as 'the 1984 Act') to acquisition of land for executing the said scheme. The amendments introduced by the 1984 Act include insertion of sub-section (1-A) in S. 23 and amendment of Ss. 23(2) and 28 of the Land Acquisition Act, 1894 (hereinafter to as 'the L.A. Act'). As a result of the amendments in Ss. 23(2) and 28 the solatium payable under S. 23(2) has been enhanced from 15% to 30% and the interest payable under S. 28 has been enhanced from 6% to 9% and 15%.
(3.) The Parishad is a housing and development board established under S. 3 of the Adhiniyam. Under S. 15 of the Adhiniyam one of the functions of the Board is "to frame and execute housing and improvement schemes and other projects". In accordance with the provisions of the Adhiniyam the Parishad framed the "Bhomi Vikas Evam Grihasthan Yojana No 10 between Meerut-Hapur and Meerut-Delhi Road in Meerut". By Notification dated July 23, 1983 (published in the U.P. Government Gazette dated August 27, 1983) issued under S. 28 of the Adhiniyam the Parishad notified the said scheme. The scheme was prepared with a view to solving the acute housing problem in the Meerut city and it covered lands lying in the outskirts of Meerut city. The said notification was followed by Notification dated July 15, 1985 (published in the U.P. Government Gazette dated August 3, 1985) issued under S. 32(1) of the Adhiniyam. The said notification dated July 15, 1985 was in respect of land covering 202.48 acres equivalent to 9,07,954 sq. yards which was to be acquired under S. 55 of the Adhiniyam whereby the provisions of the L.A. Act, as modified by the Schedule to the Adhiniyam, have been made applicable to acquisition of land for the purposes of the Adhiniyam. After the issuance of the said notifications, the Land Acquisition Officer initiated proceedings to determine the compensation to be paid to the land owners whose lands were acquired in accordance with provisions of the L.A. Act as modified under the Schedule to the Adhiniyam. The Land Acquisition Officer determined the market value of the land so acquired at Rs. 30/- per sq. yard and the compensation was offered to the land owners on that basis. The land owners claimed compensation at a higher rate of Rs. 150/- per sq. yard and sought reference under S. 18 of the L.A. Act and thereupon references were made to the Civil Court for determination of such claims of the land owners. By judgment dated December 12, 1991, the Civil Court, namely, the Additional District Judge, Meerut, determined the market value of the land at Rs. 150/- per sq. yard but he made a deduction of 10% out of it since the land acquired constituted a large area. Feeling aggrieved by the said determination made by the Civil Court the Parishad and the State of Uttar Pradesh jointly filed appeals before the Allahabad High Court. Some of the land owners filed cross-objections wherein they confined their challenge to the deduction of 10% that was made by the Civil Court. By the impugned judgment dated December, 1994 the High Court has partly allowed the appeals filed by the Parishad and has assessed the market value of the land at Rs. 110/- per sq. yard and, instead of a deduction of 10% made by the Civil Court on account of the large area of the land, the High Court has directed that such deduction should be one third of the sum of Rs. 110/-. The High Court has, therefore, fixed the market value of the land at Rs. 73/- per sq. yard. The cross-objections filed by the land owners have been dismissed. The High Court has, however, held that the amendments introduced in the L.A. Act by the 1984 Act are applicable to acquisition of land for the purposes of the Adhiniyam and the land owners are entitled to all the statutory benefits under the L.A. Act as amended by the 1984 Act so far as applicable to them. Feeling aggrieved by the said decision of the High Court, the Parishad has filed Civil Appeals Nos. 6343/95, 6383/95, 6358/95, 6368/95, 6353/95, 6370/95, 6369/95, 6371/95, 6363/95, 6357/95, 6361/95, 6356/95, 6376/95, 6359/95, 7646/95, 7361/95, 7362/95, 7363/95, 6373/95, 6374/95, 6375/95, 6352/95, 6382/95, 6347/95, 6354/95, 6344/95, 6345/95, 6355/95, 6350/95, 6362/95, 6364/95, 7357/95, 7358/95, 7360/95, 7359/95, 7356/95, 7644/95, 7364/95, 7365/95, 6351/95, 6349/95, 6377/95, 6372/95, 6365/95 and 6360/95 before this Court. Feeling aggrieved by the reduction in the market value by the High Court some of the claimants have filed Civil Appeals arising out of Special Leave Petitions (Civil) Nos. 11170/95, 10512-10538/95, 10147/95 and 9549/95. The claimants, who are respondents in Civil Appeals Nos. 6353/95 and 6363/95 filed by the Parishad, have filed Writ Petitions Nos. 224/97 and 339/97 under Art. 32 of the Constitution wherein they have challenged the validity of the provisions contained in the L.A. Act as applicable in the matter of acquisition of land for the purposes of the Adhiniyam by virtue of S. 55 read with the Schedule to the Adhiniyam.;