B.L. Yadav, J. - (1.) THESE are the applications for the grant of interim stay in the form of staying operation of the judgment and order passed by the learned Additional Distt Judge, Meerut, enhancing the amount of compensation in Reference under Section 18 of the Land Acquisition Act, 1894, (for short the Act). These applications for interim stay purported to have been filed under Order 41, Rule 5 of the Code in First Appeal No. 892 of 1990 preferred under Section 54 of the Land Acquisition Act read with Section 96 of the Code of Civil Procedure, 1908, (for short the Code). Since these applications involve similar questions for determination, hence it is convenient to dispose them of by a common order. Civil Misc. Application No. nil of 1990 in First Appeal No. 892 of 1990 State of U.P. v. Roshan Lal shall, however, be the leading case. The applications to vacate the interim stay on behalf of Respondents, the tenure holders whose land have been acquired, have also been filed.
(2.) NORMALLY the application for grant of interim stay need not be disposed of by a detailed order, but as these cases are of considerable importance from the point of view of the State of U.P. and the Meerut Development Authority and also in view of the fact that detailed arguments were advanced by Sri V.K.S. Chowdhary, learned Advocate General, for whom I have got profound regards, and also learned Counsel for the Appellants and detailed reply given by learned Counsel for Respondents, hence the present applications for grant of interim stay and applications to vacate the same are being disposed of by a bit detailed order. Factual matrix of the case is that the land possessed by different tenure holders were acquired by issuing notification under Section 4 of the Act dated 12 -7 -80 and the publication of notification under Section 6 dated 1 -5 -81. Possession of the said land was taken over on 9 -7 -82. In First Appeal No. 892 of 1990 reference was allowed in part by judgment dated 7 -5 -90 passed by learned Ist Additional District Judge, Meerut enhancing compensation of the claimants at the rate of Rs. 70/ - per sq. yard for the first belt and at the rate of Rs. 37.50 per sq. yard for the second belt. Claimants were also entitled to additional amount at the rate of 12% per annum from the date of notification under Section 4 of the Act till the date of possession, ie. 9 -7 -82. Claimants were also entitled to get solatium at the rate of 30% and also interest at the rate of 9% per annum for one year from the date of possession. For the second year, however, they were entitled to interest at the rate of 15% per annum till the date of payment on the balance of amount .
(3.) SRI V.K.S. Chowdhary, learned Advocate General, urged that absolute interim stay has been granted in these appeals by the Division Bench while admitted the appeal on 5 -10 -90. The interim stay was to the following effect. Issue notice returnable within 6 weeks. Until further orders realization of amount awarded by the court below shall remain stayed. NNM5 -10 -90.VNM. Consequently that stay may continue. The appeals have sanguine hopes of success, inasmuch as the exemplers have not been correctly interpreted and material evidence have been overlooked, the nature of land has not been taken into account and arbitrarily the amount of compensation awarded by the Special Land Acquisition Officer has been enhanced. Sri Sudhir Chandra, learned Senior Advocate also urged on similar lines as learned Advocate General has urged and substantially to the same effect.;