LUCKNOW DEVELOPMENT AUTHORITY Vs. SRIMATI RAJ KUMARI
LAWS(ALL)-2009-10-47
HIGH COURT OF ALLAHABAD
Decided on October 12,2009

LUCKNOW DEVELOPMENT AUTHORITY Appellant
VERSUS
Srimati Raj Kumari Respondents

JUDGEMENT

- (1.) THIS bunch of appeals in ­volve common questions of fact and law, hence they are disposed of by a common judg ­ment and order.
(2.) THESE appeals were presented between the years 2007-2008 by the Lucknow Development Authority assailing the judgment and order passed by the reference court, i.e., Pre ­siding Officer, Nagar Mahapalika Tribunal, Lucknow. Through these judgments the ref ­erence court has answered the reference made by the land owners under section 18 of the Land Acquisition Act, 1894. The reference court has enhanced the amount of compen ­sation i.e. 85paisa per sq. ft. to 4.60 p. per sq. ft. to the land owners of Ujariyaon Housing Scheme Part II falling in village Vijaepur SadarTehsil, Lucknow. The judgments have been rendered by the reference court on vari ­ous dates, i.e., from 8-12-2006 to 30-4-08 in ­dicated in the record of the first appeal. It emerges from the record that the L.D.A. had implemented a scheme for establishing Ujariyaon Awas Yojna Part II in Lucknow taking in account the growing needs of house accommodation in the city of Lucknow. Accordingly, a request was made to the State Government and notification un ­der section 4 was issued on S-12-1'984. Sec ­tion 6 notification was also issued on the same day. The SLAO had granted the award on 25-2-87. Being aggrieved by the award, the land ­owners, farmers had sought reference under section 18 of the Land Acquisition Act. Sev ­eral references were made during the year 2006 to 2008 and the same were answered by the reference court giving rise to the al ­leged cause of action to the Lucknow Devel ­opment Authority to challenge the said judg ­ments.
(3.) IT appears that the court had framed two issues while adjudicating the references: 1. Kya Vishesh Bhumi Adhyapti Adhikari Dwara Ghosit Abhinirnay Anuchit Evam Aparyapta Hai? 2. Any Koi Anutosh Jo Claimant Pane Ki Adhikari Hai? ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.