LUCKNOW DEVELOPMENT AUTHORITY THROUGH ITS SECRETARY, LUCKNOW Vs. RAJ KUMARI AND ANOTHER
LAWS(ALL)-2009-10-215
HIGH COURT OF ALLAHABAD
Decided on October 12,2009

Lucknow Development Authority Through Its Secretary, Lucknow Appellant
VERSUS
RAJ KUMARI Respondents

JUDGEMENT

RAKESH SHARMA,J. - (1.) THIS bunch of appeals involve common questions of fact and law, hence they are disposed of by a common judgment and order.
(2.) THESE appeals were presented between the years 2007-2008 by the Lticknow Development Authority assailing the judgment and order passed by the Reference Court,, i.e., Presiding Officer, Nagar Mahapalika Tribunal, Lucknow. Through these judgments the Reference 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 compensation i.e. 85 paise per 'sq. ft. to 4.60 paise per sq. ft. to the land owners of Ujariyaon Housing Scheme Part II falling in village Vijaepur Sadar Tehsil, Lucknow. The judgments have been rendered by the Reference Court on various dates, i.e., from 8.12.2006 to 30.4.2008 indicated 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 the needs of house accommodation in the city of Lucknow. Accordingly, a request made to the State Government and notification under section 4 was issued on 8.12.1984. Section 6 notification was also issued on the same day. The SLAO had granted the award on 25.2.1987. Being aggrieved by the award, the landowners, farmers had sought reference under section 18 of the Land Acquisition Act. Several references were made during the year 2006 to 2008 and the same were answered by the Reference Court giving rise to the alleged cause of action to the Lucknow Development Authority to challenge the said judgments.
(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 ? ;


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