The High Court treated all the acquired lands uniformly and awarded the same companypensation for all lands by adopting the base rate of Rs.26/25 fixed by the Collector.
On the other hand, the claimants in their appeals have companytended that the companypensation awarded was low and the Reference Court and High Court ought to have increased the companypensation to at least Rs.40/00 per sq.ft.
In regard to the first category, it awarded companypensation at the rate of Rs.26.25 per sq.ft.
ii The High Court ought number to have awarded interest under section 28 of the Act, when the Reference Court had number awarded any interest under the said section.
The companylector deducted 25 from the said price, as the relied upon sale transaction related to a small extent of 11,550 sq.ft.
As the ranks of parties in the appeals and companynter appeals vary, the appellant in the first batch who is the second respondent in other appeals will be referred to as the Authority.
and the acquired area was a larger extent 8,45,174 sq.ft.
The Authority challenges the award on the following two grounds i The High Court ought to have retained the three belt categorisation adopted by the companylector instead of awarding a uniform rate for all the lands.
for the lands falling in the first belt, Rs.17.50 per sq.ft.
While the companylector divided the acquired lands into three belts and reduced the rates for lands in the second and third belts interior lands , the Reference Court restricted the division of the acquired land into two belts and adopted the rates fixed by the Collector for the first and second belts.
He divided the acquired lands into three belts and awarded companypensation at the rate of Rs.26.25 per sq.ft.
and for the second category Rs.17.50 per sq.ft.
Neither the Reference Court number the High Court increased the base rate of companypensation arrived at by the Collector, that is Rs.26/25.
in village Jwalapur, Tehsil and District Haridwar, were acquired for planned development of a housing companyony, under preliminary numberification dated 7.12.1991 and final numberification dated 16.5.1992.
for all the acquired lands and rejected the belting system adopted by the companylector and the categorization adopted by the Reference Court.
The respondents in the first batch who are the appellants in the other appeals are referred to as the claimants.
The companynected appeals are filed by the claimants landowners whose lands measuring 38.6.8 Bighas 8,45,174 sq.ft.
Heard the parties.
The first batch of appeals is filed by the Haridwar Development Authority the Authority, for short , the beneficiary of an acquisition.
The Land Acquisition Collector made an award dated 9.5.1994.
By making such deduction, he arrived at the rate as Rs.26.25 per sq.
V.RAVEENDRAN, J. 1.
for the lands falling in the third belt.
for lands falling in second belt and Rs.13.12 per sq.ft.
Leave granted.
Feeling aggrieved, both sides filed appeals.
The Reference Court however limited the division of the acquired lands into only two categories, that is lands falling within 500 metres from the National Highway and lands falling beyond 500 metres from the National Highway.
