Full Judgment Text
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PETITIONER:
D-BLOCK ASHOK NAGAR (SAHIBABAD) PLOT HOLDERS ASSOCIATION (RE
Vs.
RESPONDENT:
STATE OF U.P. & ORS.
DATE OF JUDGMENT: 29/04/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the judgment
of the Allahabad High Court, Made one 6.5.1996 in CMWP
No.13550/92.
Notification under Section 4(1) of the Land Acquisition
Act, 1894 (for short, the ‘Act’) acquiring a large chunk on
land was published on June 26, 1982. The Special Land
Acquisition Officer had given his award under Section 11 on
February 27, 1989 granting compensation @ Rs. 50 and
Rs.37.50 per sq.yd. It also granted solatium and interest
under the Act as vL 1984 Amendment Act. That award was
allowed to become final. The question is; whether the
members of the appellant-Association are entitled to
compensation? In view of the fact that the award has already
become final, the stand taken by the Awash Evam Vikas
Parishad that they are not liable to pay solatium under the
amended Act and the claimants are entitled to get interest
at 15% and 6% under the Schedule to the U.P Awash Evam Vikas
Adhiniyam, cannot be countenanced. The Land Acquisition
Officer has filed his counter affidavit. Therein, he has
stated that for the land admeasuring 1157.895 acres,
compensation in a sum of Rs.52,05,94,187.90 was determined.
Out of which Rs. 42,15,00,000/- was deposited and the
balance amount was agreed to be deposited as admitted by the
Teller dated December 10, 1992 of the Commissioner, Shri
Rajiv Kumar Singh. The balance amount of Rs. 3,26,22,583,25
is, therefore, payable to them. The liability to pay
interest arises only when the Land Acquisition Officer takes
possession of the land after the award comes to be made. It
is states on behalf of the Parishad that the possession of
an extent of only 9.2 acres of land alone was delivered and
the rest of the land has not been delivered and the rest of
the land has not been delivered. In view of the fact that
the liability to pay the interest arises only free the date
of taking possession and as it is claimed that the entire
extent of the land has not been given possession, the Land
Acquisition Officer is directed to determine as to what
extent of the area possession of which has been given after
the award; for those claimants whose lands have been taken
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possession, interest shall be calculated as per the award
from the date of taking possession till date of deposit and
interest shall accordingly be deposited within a period of
six months from the date of the receipt of the judgment.
The appeal is accordingly allowed. No costs.