Decided on September 26,2012

State Of U P Through Collector Nainital Respondents


B.S.VERMA, J. - (1.) (Stay Application No.10308 of 2012) Since the controversy involved in all these appeals is similar, the land under acquisition having been acquired under the same Notification and for the same purpose and as all of them have arisen out of a common judgment and award passed by the learned Additional District Judge, 2nd F.T.C. Nainital (for short the Reference Court), therefore, for the sake of convenience, these appeals are being decided by this common judgment.
(2.) ALL these appeals are directed against the common judgment and award dated 13 -2 -2006 passed by the learned Reference Court, whereby it was held that the appellant -landowners shall be entitled to get compensation of their land under acquisition @ Rs. 14,925 -85 P. per acre along with 15% solatium thereon as well as interest @ 12% per annum as mentioned in the impugned award.
(3.) BRIEF facts giving rise to the present appeals are that the land under acquisition was required by the respondent no.2 for a land development and housing scheme at Jaspur. The notification under Section 28 of the U.P.Avas Evam Vikas Parishad Adhiniyam (for short the Act), which is similar to notice under Section 4 of the Land Acquisition Act) was published in the official Gazette of the State Government on 30 -5 -198 1, followed by notification under Section 32 of the Act on 10 -7 -1982. Subsequently, notices under Section 9 of the Act were issued and served by the Special Land Acquisition Officer, Nainital (SLAO) upon all the persons interested in respect of the land under acquisition including the appellants herein. The S.L.A.O. after completing necessary formalities and after hearing the landowners, who submitted their objections in pursuance of the notice under Section 9 of the Act, selected the exemplar sale -deed dated 30 -9 -1980 and thereafter determined the compensation of the land under acquisition @ 11,194 -03 P. per acre by the award dated 28 -9 -1984. The appellants herein received the compensation under protest. On the basis of the objections having been raised by the landowners before the Collector, Nainital with regard to the deficiency of compensation, reference in each case was made by the Collector to the District Judge, Nainital, for determination of compensation, on the basis of which separate Land Acquisition Cases were registered in the Reference Court.;

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