Yogendra Ram Tripathi, J. - (1.) HEARD the learned Counsel for the parties. This application has been made by the appellant/applicant for modification of the order dated 17.4.1999 passed by this Court in First Appeal No. 37 of 1985.
(2.) IT appears that certain agricultural plots were acquired under the provision of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 for which the applicant was awarded compensation at the rate of Rs. 1.13 per sqr. ft. dissatisfied from which he filed his objection which was referred to the Tribunal under section 18 of the Land Acquisition Act. The Tribunal decided the reference and directed for awarding compensation at the enhanced rate of Rs. 2.75p per sqr. ft. alongwith 15% solatium and 6% interest on the excess amount from the date of possession till the date of payment. Dissatisfied the applicant preferred an appeal against the order of the Tribunal which was decided by this Court on 17.4.1999. The contention of the applicant is that the High Court while deciding the first appeal did not consider the amendment brought about in the Land Acquisition Act, 1894, hereinafter referred to as the Act, by the Land Acquisition (Amendment) Act, 1984, as a result of which he has been deprived of certain entitlements. Though the learned Counsel for the opposite parties raised a preliminary objection about the maintainability of this application, but a Division Bench of this Court in the case of 'State of U.P. v. Duli Chand and another' : 1986 AWC 637, has settled this controversy by holding that such an application made under section 151, C.P.C. read with section 30(2) of the Land Acquisition (Amendment) Act, 1984 for modification of the judgment is maintainable. The applicant under the amended provisions of section 23(1 -A) of the Act is entitled to the solatium at the enhanced rate and interest thereon. The application is accordingly allowed and the operative portion of the judgment and order dated 17.4.1999 passed by this Court in First Appeal No. 37 of 1985 is modified to the extent that the applicant shall get the solatium at the rate of 30% in place of 15% and interest at the rate of 9% per annum in place of 6% upto one year from the date of possession and thereafter at the rate of 15% per annum till the date of payment. The applicant shall also be paid an additional sum at the rate of 12% per annum from the date of notification under section 4 of the Land Acquisition Act till the date of possession on the market value of the land.;