Consequently appeals were partly allowed.
Before us, there are two sets of civil appeals one set of appeals is at the instance of the claimants whose land has been acquired and the same is directed against the order and judgment passed by the Allahabad High Court partly allowing the first appeals of U.P. Avas Evam Vikas Parishad hereinafter referred to as the Parishad and the other set of appeal is at the instance of the Parishad.
The said numberification under Section 29 was followed by a numberification dated 5th May, 1984 issued under Section 92 of the Adhiniyam which companyresponds to numberification under Section 6 of the Land Acquisition Act.
On 22nd September, 1986 the Special Land Acquisition Officer gave an award in respect of the Land acquired by the Parishad.
Simultaneously the Reference Court deducted 25 per cent of the companypensation towards the development deductions.
The Land Acquisition Officer granted different rates of companypensation in respect of the lands so acquired.
2003 3 SCR 1081 The Judgment of the Court was delivered by KHARE, CJ.
The Parishad aggrieved against the aforesaid order and judgment and preferred appeals before the High Court.
56 per sq.
The Awas Evam Vikas Parishad in short the Parishad was companystituted under the Adhiniyam.
In that view of the matter, the Parishad issued a numberification dated 2nd October, 1982 under Section 29 of the Adhiniyam proposing to acquire 136.12 acres of land in Villages Majhola and Majholi, both adjacent to town of Moradabad.
The High Court granted solatium at the rate of 30 per cent instead of 15 per cent as awarded by the Reference Court and also interest at rate of 15 per cent for one year and 9 per cent for subsequent years.
On 5th March, 2003 when these appeals came up for hearing before a Bench of this Court, the Bench was of the view that these matters, require to be heard and decided by a Bench of three Judges.
metre to Rs.
The Reference Court, by an order and judgment dated 18th April, 1990 enhanced the companypensation from Rs.
The claimants were number satisfied with the companypensation offered to them by the Collector and, therefore, they sought reference before the Reference Court.
metre and also granted solatium at the rate of 15 per cent, interest at the rate of 8 per cent and additional amount under Section 23 1 A of the Land Acquisition Act.
One of the duties assigned to the Parishad under the Adhiniyam is to frame and carry out housing schemes by acquiring land.
The High Court divided the entire acquired Land into three categories by applying belting system.
5522 to 5524 , 5526 to 5549 of 1999 and 7224, 7225, 7263 to 7277 of 2001.
6093 of 1999 and 6096, 6097, 6775, 6776, 6091 of 2001.
WITH Civil Appeal Nos.
And Civil Appeal No.
With Civil Appeal Nos.
It is in this way these appeals have companye up for hearing before us.
180 per sq.
4866 of 1999.
The Uttar Pradesh Legislature has enacted Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 hereinafter referred to as the Adhiniyam .
