HONBLE ANIL KUMAR,J. - (1.) HEARD Sri Rama Raman Mishra Advocate holding brief of Sri J.B. Dubey , learned counsel for the appellant, Sri U.C. Pandey, learned counsel for the opposite parties and perused the record. Facts, in brief, of the present case are that a scheme has been launched by the respondent known as Bastauli Ghazipur Bhumi Vikas Evam Grah Sansthan yojna, Lucknow ( herein after referred as 'scheme').
(2.) IN order to implement the said scheme, lands of the villages Ismailganj, Ghazipur, Bastauli and others villages have been acquired vide notification published under Section 28 and 32 of the U.P. Avas Evam Vikas Parishad Adhiniyam ( herein after referred to as ' Adhiniyam') On 20.12.1969 and 8.7.1970 the claimants, whose lands have been acquired claimed compensation at the rate of Rs.5/ - per sq. fit and some of them also claimed compensation for trees etc, standing on the land acquired before the Special Land Acquisition Officer . The said authority by means of award dated 23.3.1976 awarded compensation to the claimants at the rate of Rs. 1.19 per sq. yard also awarded compensation in respect to the trees standing on the land acquired to some of the claimants. Aggrieved by the compensation awarded to the claimants by the Special Land Acquisition Officer, appellant/ claimant filed a reference under Section 18 of the Land Acquisition Act registered as Misc Case No. 105 of 1977 ( Kalidin Vs. State of U.P.) before the Presiding Officer, Awas Evam Vikas Parishad, Tribunal , Lucknow. The said authority alongwith other connected references arising out the same dispute under Section 18 of the Act has connected them in order to decide the controversy . After exchange of pleadings , the court below/ Presiding Officer, Awas Evam Vikas Parishad, Tribunal , Lucknow has framed the following issues: - (1) Whether the rate at which the compensation is awarded is inadequate and unjust? (2) Whether the petitioner is entitled to enhanced compensation ? If so, at what rate? (3) To what relief, if any, is the petitioner entitled?
(3.) THEREAFTER , on the basis of the material on record and after hearing learned counsel for the parties , by means of judgment and award dated 18.7.1983, the Presiding Officer, Awas Evam Vikas Parishad, Tribunal , Lucknow enhanced the compensation for the land acquired under Scheme at the rate of 1.25 per sq. ft and also awarded 15% solatium and 6% interest on the enhanced compensation from the date of possession till payment.;