Amitava Lala, J. - (1.) ALL the aforesaid appeals are connected and have been heard analogously, therefore, all are being decided by this common judgment having binding effect in all the appeals.
(2.) ON 16th August, 1988 a gazette notification bearing No. 4913/11.5.88-72-L.A./88 was issued under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter in short called as the 'Act') for acquiring the land situated in three villages, namely, Harsaon, Sadarpur and Dasna, Pargana Dasna, tehsil and district Ghaziabad having total an area of 346-8793 acres. The said land was acquired for the purpose of construction and development of Sector 29, Govindpuram Awasiya Yojna of Ghaziabad Development Authority (hereinafter in short called as 'G.D.A.'). Publication of such acquisition was made in two newspapers, namely, Dainik Pralayankar and Dainik Hind on 31st August, 1988 and 5th September, 1988 respectively. Local publication thereof was made on 1st October, 1988. Gazette notification under Section 6 of the Act was published on 3rd October, 1988 vide Notification No. 5779 / 11.5.88-72-L.A./88. Publication was also made in two newspapers, namely, Dainik Hind and Dainik Jansatta on 19th November, 1988 and 21st November, 1988 respectively, whereas local publication in the villages was done on 9th December, 1988. Possession of the acquired land was taken by the State Government/G.D.A. on 14th December, 1988. Special Land Acquisition Officer (hereinafter called as 'S.L.A.O.') vide its common award dated 7th December, 1990 awarded compensation for the land of Village Harsaon at the rate of Rs. 100 per square yard ; for the village Sadarpur at the rate of Rs. 63.77 per square yard ; and for the village Dasna at the rate of Rs. 71.43 per square yard. In addition thereto, solatium @ 30%, additional compensation 12%, and interest from the date of taking possession upto the date of award @ 9% per annum for the first year and thereafter @ 15% per annum. The claimants proceeded before the Court of reference under Section 18 of the Act. In such reference the claimants contended that after publication of notification under Section 4 of the Act no opportunity of hearing was given to the claimants as per Section 5A of the Act. Pursuant to the notice under Section 9 (3) of the Act, claimants demanded rate of Rs. 750 per square yard considering the location, utility and importance of the land since the village is very nearer to Ghaziabad city and is situated about two kilometres away from the office of G.D.A. All the facilities of a developed city like electricity, water supply, school and transportation, bus stand, health centre, etc. are available for last 30 years. Shastri Nagar Awasiya Colony of G.D.A., several institutions of Central Government like C.B.I. Training, Govt. Polytechnic College, Kante and other important institutions are in the village. Several plannings of Central Government like Central Finance Secretariat are going to be implemented nearer to this village. Police line is also situated there. G.D.A. is also selling land of this village at the rate of Rs. 1,100 per square yard. Therefore, the claimants demanded rate of Rs. 500 per square yard, alongwith additional compensation @ 12% per annum from 18th August, 1988 till the handing over of possession, solatium @ 30% and interests, etc.
(3.) ON the other hand, G.D.A. filed written statement and contended that compensation awarded by the S.L.A.O. is fair and adequate. Land holders have received the compensation without protest, therefore, the reference is not maintainable. Land holders have not filed any objection as such as per Sections 25 and 9 of the Act, therefore, reference is liable to be dismissed. The reference is barred by limitation. Four set of references filed by the claimants, out of which one set was decided vide judgement dated 22nd December, 1999 in respect of village Harsaon and other three were decided vide judgments dated 31st May, 2000 in respect of the villages Sadarpur and Dasna.;