- (1.) Heard Sri H.P. Srivastava, learned Additional Chief Standing Counsel appearing on behalf of the appellant and Sri Anupam Mehrotra, learned Counsel for the respondent Nos. 1/1, 1/2 and 1/3. Through the instant First Appeal under section 54 of the Land Acquisition Act, appellant-State of U.P. challenged the judgment and decree dated 31.5.1989 passed by the Additional District Judge-III, Raebareli in Raja Mohan Singh v. State of U.P. and others, Land Acquisition Case No. 23 of 1986 whereby compensation awarded by the Special Land Acquisition Officer (Housing), Collectorate, Kanpur on a reference under section 18 of the Land Acquisition Act, 1894 at the rate of 1.65 per square feet was enhanced to the tune of Rs. 2.25 per square feet alongwith solatium and interest.
(2.) Shorn off unnecessary details the facts of the case are as under: The appellant herein is the State of U.P. through Collector Raebareli. Respondent No. 2-U.P. Avas Evam Vikas Parishad [hereinafter referred to as the 'Parishad'] was established and constituted under the provisions of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 [hereinafter referred to as the 'Adhiniyam, 1965]. Under the Adhiniyam, 1965, the Parishad is entrusted with certain functions and duties for preparing and executing Housing Schemes. For the aforesaid purpose in mind, a Notification dated 8.4.1972 under section 28 of the Adhiniyam was issued, which is equivalent to section 4 of the Land Acquisition Act, 1894 [hereinafter referred to as the "Act"]. By the aforesaid notification, a large tract of land was sought to be acquired in two parts i.e., on 30.7.1973, 29 bigha, 13 biswa and 10 biswansi, whereas on 31.1.1977, remaining 6 biswa, 10 biswansi belonging to respondent No. 1-Raja Mohan Singh, pursuant to a Housing Scheme, known as 'Rae Bareli Land Development and Housing Scheme No. 2 ' [hereinafter referred to as the "Scheme"] for construction of houses for the public.
(3.) The Special Land Acquisition Officer of the Parishad gave award on 19.3.1985, whereby compensation was determined at the rate of Rs. 1.65 per square feet according to the prevailing market rates. As the solatium and interest were not fixed by the award dated 19.3.1985 and as such, the said award dated 19.3.1985 was modified vide award dated 18.9.1986, whereby 30% as solatium and 12% additional compensation were awarded to the respondent No. 1.;