N.K. Mehrotra, J. - (1.) This is a first civil appeal under Section 54 of the Land Acquisition Act read with Section 96, C.P.C. against the Judgment dated 26.4.1999 and formal order dated 9.7.1999 passed by the Presiding Officer, Nagar Mahapalika/Awas Evam Vikas Parishad Tribunal, Lucknow in Misc. Case No. 2 of 1984, Jagdish Prasad and Ors. v. State of U.P. and Ors. in reference petition under Section 18 of the Land Acquisition Act.
(2.) It appears that the State of U.P. acquired certain land in Tal Katora Road Scheme for Housing development through Avas Evam Vikas Parishad. The impugned award relates to the land situated in village Biharipur, Pargana, Tehsil and District Lucknow. The Special Land Acquisition Officer awarded the compensation at the rate of 50 paise per Sq. Ft. In Reference under Section 18 of the Land Acquisition Act, the Tribunal enhanced the compensation from 50 paise to Re. 1 per Sq. Ft. The Tribunal has not allowed the interest on the amount of solatium.
(3.) Both the learned Counsel for the parties have admitted that a Division Bench of this Court in Writ Petition No. 2432 of 1985 connected with First Appeal No. 21 of 1977, Ram Avadh Singh v. State of U.P. and Ors. had fixed the compensation at the rate of 1.20 paise per Sq. Ft. The copy of the judgment has been filed. The learned Counsel for the appellant Shri R. K. Mehrotra has submitted that the matter is pending before the Supreme Court and the rate of compensation as demanded in the aforesaid writ petition is not final. The learned Counsel for the opposite parties Nos. 1 and 2 has submitted that in Amarjeet Singh v. State of U.P. and Ors. 1987 AWC 1195, a Division Bench of this Court has held that the Land Acquisition Officer is bound to consider the rate of compensation fixed by the Court in respect of the land in the same locality acquired by the same notification in any matter. The learned Counsel for the opposite parties Nos. 1 and 2 has also referred a decision of the Supreme Court in K. Periasami v. Sub-Tehsildar (Land Acquisition) 1994 (2 )SCALE996 , (1994 )4 SCC180 , [1994 ]3 SCR902 , 1994 (2 )UJ351 (SC ), in which it has been held that if, a higher rate of compensation has been awarded by the Bench of the Court, all other tenure holders are also entitled to that higher rate of compensation in the same scheme for which the land has been acquired by the same notification.;