Sudhir Agarwal, J. - (1.) THESE appeals (except First Appeals No. 693 of 1998, 694 of 1998, 695 of 1998, 698 of 1998, 539 of 2002 and 750 of 2014) under Section 54 of Land Acquisition Act, 1894 (hereinafter referred as the 'Act, 1894') have arisen from a common award dated 24.3.1993 passed by Smt. Sadhna Chaudhary, VIII Additional District Judge, Ghaziabad under Section 26 of the Act declaring rate of compensation for the land acquired at the rate of Rs. 108/ - per square yard. The Reference Court has also directed that the claimants shall be entitled to solatium at the rate of 30% and the interest as provided in the Act, 1894. In First Appeals No. 693 of 1998, 694 of 1998, 695 of 1998, 698 of 1998, 539 of 2002, and 750 of 2014, Ishwar Kumar and another v. State of U.P. and another, the award is dated 30.4.1993 passed by District Judge, Ghaziabad declaring compensation at the rate of Rs. 106/ - per square yard. In respect of other aspects, i.e., 30% solatium etc. it is the same as provided in award in other connected matters.
(2.) IN some of the matters we find that restoration applications are pending since appeals were dismissed in default. In some, one or more parties have died and substitution applications are pending. Respective counsel for parties stated at the Bar that they have no objection in allowing either restoration of cases which have been dismissed in default or substitution where the appellant/claimant -respondents or any of the parties are no more. In such circumstances, we allow all these applications. The appeals which were dismissed in default, shall stand restored. The substitution shall be carried out during the course of the day. By this judgment we are adjudicating 92 appeals out of which 74 appeals have come up at the instance of New Okhla Industrial Development Authority (hereinafter referred to as "NOIDA') for which land was acquired by State of U.P. Remaining 18 appeals have come up at the instance of claimants/tenure holders whose land have been acquired for planned industrial development. The following table would depict the number of plots, area acquired, LAR number, first appeal number, first name of the claimant, compensation given by Special Land Acquisition Officer, Ghaziabad (hereinafter referred to as the 'SLAO') and the compensation awarded by Reference Court:
(3.) NOIDA proposed acquisition of certain land for planned Industrial Development pursuant to which, the State Government issued a notification under Section 4(1) of Act, 1894, published in U.P. Gazette on 15.3.1988 proposing acquisition of 463.959 acres of land at Village Makanpur, Pargana Loni, Tehsil Dadri, District Ghaziabad. The aforesaid notification was also published in two local newspapers on 1.4.1988. Notification under Section 6(1) of Act, 1894 was published in U.P. Gazette on 9.7.1988 and in two local newspapers on 29.7.1988 and 30.7.1988. Possession of 320.856 and 30.609 acres of land was taken by Collector on 30.3.1989 and 10.5.1989 respectively. In all 351.465 acres of land came to be possessed by Collector. The possession of rest of the land could not be taken for various reasons.;