STATE OF U P Vs. RADHEY SHYAM

JUDGEMENT

(1.) The judgment in this appeal will also dispose of, State of U.P. through Collector, Agra v. Smt. Sushila Devi

(2.) This appeal has arisen from the following facts. The land measuring 3 Bighas 13 Biswas consisting of plot Nos. 500, 501,. 504, 506, 509 situated in village Basai, Mustqil Tahsil and District Agra was acquired for Shipla Gram Scheme at the instance of Managing Director, U.P. State Industrial Development Corporation, Kanpur. Notification under Sections 4 and 6 of the Land Acquisition Act (here in after referred to as the Act) was issued on 14.2.1997 and 15.2.1977. The award was passed by Special Land Acquisition Officer on 15.12.1982 @ Rs. 6,000/- per Bigha. The Special Judge (Economic Offences), Agra Shri Vishnu Dutt Dubey passed the award on 20.1.1987 awarding compensation @ Rs. 15/- per square yard = Rs. 41,340/- per Bigha which comes to Rs. 1,50,891/- for the area acquired. The Special Judge also awarded solatium @ 30% and interest @ 12% per annum w.e.f. 14.2.1977 to 28.3.1977.. and interest @ 9% per annum from the date of possession i.e. 28.3.1977 till the date of payment and further interest @ 9% per annum from the date of possession i.e. 28.3.1997 till the date of final payment.

(3.) Another appeal also relates to the same District Agra and the Land Acquisition 1. First Appeal No. 372 of 1987. Officer in L.A. No. 106 of 1983 with respect to plot Nos. 505, 510, 511; 512, 513 measuring 4 Bigha situated in the same village as referred to above passed the award. The date of notifications under Sections 4 an'd 6 of the Act are same. The Special Judge (Economic Offences), Agra allowed the compensation @ Rs. 15/- per square yard = Rs. 41,340/- per Bigha which comes to Rs. 1,65,360/- for the area acquired and regarding the interest and solatium he has passed the same order as passed in the earlier part of this judgment.