- (1.) This appeal is preferred against the judgement and award dated 05.01.1994 passed by Vth Additional District Judge, Etah in Regular Misc. No. 48 of 1990 (Virendra Singh and others Vs. State of U.P. and others) under section 18 (1) & 30 of Land Acquisition Act.
(2.) The brief facts which give rise to this Appeal are that the land acquisition reference was referred under section 18 of the Land Acquisition Act against the award passed by the Special Land Acquisition Officer, U.P. Awas Evam Vikas Parishad on 02.09.1986.
(3.) The claimants submitted that they were the bhumidhar of plot no. 15(sa) rakba 2 acre 12 decibel situated at Village Kutuwas Patti Pargana, Bilram, District Etah and their land was acquired by U.P.A.E.V.P for construction of houses. The land which was acquired is within the municipal limits of Kasganj having a great market potential and is situated along with other important houses, offices and other business establishments. The reference was opposed by the opposite parties and it was submitted on their behalf that the compensation has been awarded as per the market rate prevalent at that time and the land is not having market potential and is not surrounded with residential or non-residential or industrial buildings. They further raised an objection that this reference is legally not maintainable and in the reference only those provisions of Land Acquisition Act were applicable, which were in existence at the time of implementation of U.P.A.E.V.P., Act, 1956. On the basis of the pleadings of the parties, the following issues were framed:- Whether the awarded compensation is inadequate. Whether the reference is barred by time. Whether the claimants have received compensation without any prejudice, if yes, then its effect. Whether the claimants are entitled to any relief. Whether the claimants are entitled to the increased solatium, interest and additional compensation. As per the amended provisions of Land Acquisition Act, 1965, whether the objection raised by the State that the claimants are entitled to receive solatium, additional compensation and interest at the old rate is barred by principle of res judicata.;