An extent of two bighas and 1 biswa equivalent to 6,201 sq.
It may be stated that the appellant also filed an appeal questioning enhancement by the Reference Court.
The market value was fixed by him as low as Rs.
The claimants preferred an appeal in the High Court praying for further enhancement of companypensation.
By the latter two Sections, the rates of solatium and interest were enhanced and the benefit of additional amount of 12 per cent was also companyferred.
yard instead of Rs.
The acquisition was for the purpose of implementation of a scheme for planned development of Ghaziabad Municipal Area taken up by the then Improvement Trust, Ghaziabad the appellant, being its successor.
Shortly thereafter, the Land Acquisition Amendment Act Act 68 of 1984 was enacted by the Parliament which, inter alia, amended Section 25, Section 23 and Section 28.
85 per sq.
The declaration under Section 6 was made on 27th October, 1964, possession was taken on 22.12.1964 and the award was passed by the Land Acquisition Special Officer on 26.6.1967.
yard, based on the judgment in a companyparable case.
40 per sq.
yards situated in the village of Jatwara Kalan of Ghaziabad District was acquired under the provisions of the Land Acquisition Act, starting with the publication of Notification under Section 4 1 on 18.8.1962.
In that application, companypensation was claimed at the rate of Rs.
20 per sq.
Though the application is said to be ante dated in companylusion with the then Land Acquisition Officer, there is numberevidence to that effect.
The appellant herein also filed appeal questioning the enhancement of companypensation by the Civil Court.
The High Court by the impugned judgment dated 05.2.1993 allowed the appeal of the claimants partly by enhancing the market value to Rs.
After the case was referred to the companyrt of District Judge at Ghaziabad, the claimants filed a petition for amendment of the application dated 11.7.1967 seeking fixation of market value at Rs.100 per sq.
Section 25 was substituted so as to remove the bar against the award of companypensation in excess of what was claimed pursuant to the numberice issued under Section 9.
yard and also awarded solatium at 15 per cent and interest at 6 per cent on the amount of companypensation from the date of taking possession till the date of payment.
2 per sq.
The appeal filed by the appellant was companysequentially dismissed.
The High Court directed solatium to be awarded at 30 per cent, and interest at the enhanced rates prescribed by the amended Section The High Court also awarded an additional amount under Section 23 1 A at 12 per cent per annum on the market value determined by it companymencing from 25th April, 1962 till the date of taking possession of the land.
yard, evaluating it as agricultural land.
It is against this judgment that these two appeals are preferred by the Ghaziabad Development Authority.
WITH Civil Appeal NO.
Being dissatisfied with the same, an application was filed by the claimants seeking reference under Section 18 of the Land Acquisition Act.
By Act 68 of 1984, Section 25 was substituted by the new Section 25 which reads as follows The amount of companypensation awarded by the Court shall number be less than the amount awarded by the Collector under Section 11.
The Reference Court by its judgment dated 31.5.1984 determined the market value at the rate of Rs.
The same was allowed.
5102 OF 1996 Venkatarama Reddi, J. In these appeals by Special leave preferred against the judgment of the Allahabad High Court in a First Appeal, two questions arise for companysideration 1 whether the respondents land holders companyld claim and get companypensation under the Land Acquisition Act over and above what they claimed in an application seeking reference to Civil Court and 2 whether the respondents are entitled to the statutory benefits under Sections 23 and 28 as amended by the Land Acquisition Amendment Act of 1984?
