R.R.K.Trivedi, J. - (1.) This bunch of appeals is from the judgment and awards dated 22.10.1993, given by learned find Additional District Judge, Ghazlabad. As the questions of law and fact involved are similar in all the appeals, they can be decided by a common judgment against which learned counsel for the parties have no objection. First Appeal No. 78 of 1994 shall be the leading case.
(2.) Facts giving rise to these appeals are that State of Uttar Pradesh initiated and acquisition proceedings by Issuing Notification under Section 4 (1) of Land Acquisition Act (hereinafter referred to as the Act), dated 6.9.1984, published on 8.9.1984. for acquiring 105 Bigha 2 Biswa 16 Biswansl land. situated in two villages, namely, Murad Nagar and Sama Murad Nagar. The purpose of acquisition of land was for establishing National Thermal Power Plant by National Thermal Power Corporation Ltd. (hereinafter referred to as the Corporation). Declaration under Section 6 of the Act was issued by Notification dated 16.9.1984. The urgency provisions under Section 17 (1) of the Act were also invoked, and enquiry under Section 5A of the Act was dispensed with. Consequently. possession of the entire area was taken by the State and transferred to the Corporation on 16.11.1984. The Special Land Acquisition Officer (hereinafter referred to as S.L.A.O) gave his award on 24.9.1986 and determined compensation or. the basis of the quality of land and the circle rate prescribed for the same as per revenue records. For the land consisting of Dakar Doyam Khaki soil with circle rate of. Rs. 3.19 p, compensation determined was Rs. 60,189.72 p. per'Bigha and for the land consisting of Dakar Doyam with circle rate Rs. 4,37 p.. the compensation determined was Rs. 82.454.26 p. per Bigha. On the basis of the aforesaid calculation, the total compensation proposed to be paid to the land owners was Rs. 64,59.429.63 p. So far as the improvements like tube-well, boring and other constructions were concerned, he determined compensation to the extent of Rs. 21,005 on the basis of the reports of the experts. He also awarded solatium at the rate of 30% which came to Rs. 19,44,130.39 p. He also awarded interest at the rate of 12% from the date of the Notification under Section 4 (1), i.e., 8.9.1984 up to the date of taking possession, namely, 16.11.1984, which came to be Rs. 1,45,531.69 p. He also determined the cost of acquisition at the rate of 10% of the total compensation which came to be Rs. 8,42,456.50 p. which was to be paid by the Corporation. He also directed to pay 40 times of the land revenue by the Corporation as land revenue registration cost which came to be Rs. 22.640. He also awarded interest at the rate of 9% for the period of one year from the date the land owners became entitled for the compensation and at the rate of 15% after expiry of the period of one year. This amount was calculated to be Rs. 4,10,740.06 P.
(3.) Land owners felt dissatisfied with the compensation awarded by the S.L.A.O. Consequently. 49 references were made under Section 18 of the Act. These References were heard by Shri H. L. Kureel, learned IInd Additional District Judge. Ghaziabad, in two bunches. The first bunch consisted of 26 cases, the leading case of which was Kanti and others v. State and others. Land Acquisition Reference No. 271 of 1987. In second bunch, there were 23 cases, the leading case being Boljit and others v. State and others. Land Acquisition Reference No. 273 of 1987. Both bunches were decided by separate judgments and awards, however, on the same date, namely, 22.10.1993. learned Additional District Judge, after hearing parties, determined compensation in respect of the bunch of 26 References at the rate of Rs. 155 per square yard with other consequential benefits. However, in respect of the second bunch of 23 References, he determined compensation at the rate of Rs. 115 per square yard with other benefits. Aggrieved by the Judgments and awards dated 22.10.1993. the Corporation has preferred these 49 appeals.;