Sudhir Agarwal, J. - (1.) This is a defendant's appeal filed by Bulandhshahr Khurja Development Authority (hereinafter referred to as "BKDA"') under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") being aggrieved by judgment and award dated 06.10.2015 passed by Sri Rajat Singh Jain, Additional District Judge, Court No.2, Bulandshahar in Land Acquisition Reference (hereinafter referred to as "LAR") No. 4 of 2010 determining market value of acquired land, for the purpose of payment of compensation, at the rate of Rs. 1920/- per square metre. Besides, it has also directed that Land-Owners will be entitled for 30 per cent solatium, 12 per cent additional compensation and interest at the rate of 9 per cent for one year on the entire amount of compensation from the date of possession and thereafter at the rate of 15 per cent per annum from one year after date of possession till actual payment. It has also directed for payment of cost under Section 27 of Act, 1894 by Special Land Acquisition Officer, Bulandasahar (hereinafter referred to as "SLAO").
(2.) Facts in brief, giving rise to this appeal, are that BKDA is a statutory authority constituted under Section 4 U.P. Urban Planning and Development Act 1973 (hereinafter referred to as "U.P. Act, 1973"). It was constituted for planned development of the area notified in Bulandshahar and Khurja, under U.P. Act, 1973. BKDA proposed to develop a residential colony and for this purpose, proposed to acquire 52.361 hectare of land at Khurja, District Bulandshahar. Accepting their proposal, State Government published notification under Section 4 (1) read with Section 17 of Act, 1894 on 08.10.2004 in U.P. Gazette (Extraordinary). Notice was also published in daily newspapers "Amar Ujala", and "Dainik Jagran" on 12.10.2004. A public notice was also issued on 18.10.2004. Thereafter, declaration under Section 6(1) read with Section 17 of Act, 1894 was issued vide Notification dated 17.10.2005, published in U.P. Gazette (Extraordinary) on the same day. In the local newspapers "Dainik Jagran" and "Peedit Manav", notice was published on 28.10.2005 and 01.11.2005 respectively. It was locally announced on 22.11.2005. Possession of acquired land was taken on 30.12.2005 and 25.08.2006.
(3.) Acquired land included holding of claimant-Tenure Holders, Hamid Ali (now deceased and substituted by his legal heirs) and Zahid Ali, sons of Hussain Ali, being Gata No. 914 area 8080 meters (0.808 Hectare) who are respondent in this appeal.;