INDER CHAND JAIN AND ORS. Vs. COLLECTOR AND ORS.
LAWS(ALL)-1991-10-61
HIGH COURT OF ALLAHABAD
Decided on October 03,1991

Inder Chand Jain And Ors. Appellant
VERSUS
Collector and Ors. Respondents

JUDGEMENT

M.P. Singh, J. - (1.) THE present bunch, of First Appeals, arises out of land acquisition proceedings, Facts, in brief, are: Plots in dispute are situate in village Ghatwasan. They were acquired by State Government in connection with 'Ghatwasan Grah Isthan Evam Sarak India' to be carried out by the U.P. Avas Evam Vikas Parishad, Lucknow. Various Notifications were issued as follows:
(2.) THE Special Land Acquisition Officer divided the entire land in three belts for fixing rates. For the first belt it was fixed at Rs. 4 per Sq. Yard, for the second it was Rs. 2.67 per Sq. Yard and for the third it was Rs. 1.34 per Sq. Yard. The appellants filed their objections stating that the compensation awarded by the Special Land Acquisition Officer was inadequate and unreasonable. The land was situate within the limits of Nagar Mahapalika, Agra. All the modern facilities were available. The disputed plots were building sites There were several residential colonies in the vicinity. The appellants claimed compensation at the rate of Rs. 20 per Sq. Yard. The award under Section 11 of the Land acquisition Act, not having been made within a period of two years from the date of its Notification under Section 363 of the Nagar Mahapalika Adhiniyam (Section 6 of the Land Acquisition Act) the appellants became entitled to receive compensation for the damages suffered by them under Section 48A of the Land Acquisition Act.
(3.) ACCORDING to the appellants, on the date of the Notification under Section 4 of the Land Acquisition Act, the market value of the land was Rs. 20 per Sq. Yard. When the award was given on 24 -11 -72 it was Rs. 45 per Sq. Yard. Thus they claimed compensation as damages at the rate of Rs. 25 per Sq. Yard. Interest was claimed under Section 28 at the rate of 6% of the Land Acquisition Act. Interest on solatium was claim at the rate of 15%.;


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