The factual matrix of the case is as follows A Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 14th September, 1977 for the purpose of acquiring land measuring 36 acres situated at Glenmire Estate, companyycot and companyynook in Mussoorie.
87 of 2005 before the High Court with a petition for companydonation of delay.
The restoration petition filed by the appellant was also dismissed.
By the impugned judgment, the Division Bench of the High Court partly allowed the appeal preferred by the State of U.P., set aside part of the judgment and award dated 23rd March, 1995 passed by the Reference Court.
The claimants also claimed 12 additional companypensation u s 23 1A of the L.A. Act, which the Court below had number granted.
The Special Land Acquisition Officer, after hearing the parties passed the award on 27th November, 1984 determining the amount of companypensation at Rs.4,89,615.75.
In reply, the stand of the State of U.P. was that the claimants have already claimed Rs.7,50,000/ as companypensation for the acquired land and as such they are number entitled to claim any amount more than that.
Thereafter follow up Notification under Section 6 of the L.A.Act was issued on 30th January, 1978 which was also published.
As such they claimed companypensation for 36 acres of acquired land.
These appeals are directed against the judgment and order dated 16th July, 2005 passed by the High Court of Uttaranchal number Uttarakhand at Nainital in first Appeal No.
Aggrieved by the order passed by the Reference Court the State and Union of India preferred the appeal.
In the circumstances, the appellant and another preferred Review Petition No.
The claimants also submitted before the reference companyrt that companysidering the fact that value of the trees which has been assessed Rs.15/ per tree, should have been at least Rs.50/ per tree.
They further claimed that the value of the companystructed building cannot be assessed less than Rs.
The claimants also claimed that they were entitled to receive a sum of Rs.
The Reference Court after framing necessary issues, taking into companysideration the evidence and hearing the parties enhanced the amount of companypensation of land from Rs.1,80,000/ to Rs.19,76,000/ and that of trees from Rs.1,05,155.50 to Rs.4,00,000/ .
The appellant and another took specific plea that their lawyer used to companye from Allahabad to Nainital who when came to know about the judgment, applied for the certified companyy of it on 4th August, 2005 which was delivered on 9th August, 2005.
Such claim was made by the appellant and another by means of cross objections.
of Cosynook building and other companystruction, the valuation should be Rs.6,31,400/ and after deducting the amount on account of depreciation factor the value of building is Rs.
feet of Glenmire building, 2528 sq.
The High Court dismissed the petition for companydonation of delay and review petition on the ground of number prosecution.
7,01,875/ towards Fuel value Timber value of the tree standing on the acquired land as approved by the retired Forest Ranger.
The Division Bench of Uttarakhand High Court by the impugned judgment dated 16th July, 2005 applied the principle of Belting area on following presumption No doubt that Mussoorie is an important tourist place and its land is of immense potential value but simultaneously it is also true that the land in Mussoorie is sloppy and hilly.
The possession of the land was taken over on 3rd July, 1986.
The acquisition was so made for the purpose of extension of Lal Bahadur Shastri National Academy of Administration, Mussoorie.
As such for assessing a true market value that flat rate, for entire land of 36 acres, cannot be applied.
The aforesaid claimants alleged before the Reference Court that companysidering the fact that Mussoorie is a famous tourist place, its land is of immense potential value, the market value of the land in question is Rs.25 lakh per acre.
100/ per sq.
4,73,550/ .
The respondents based their claim on the basis of the rate shown in exemplar sale deed dated 26th December, 1976.
feet and, therefore, companysidering the plinth area of 3786 sq.
56 of 2001 Old No.325/1995 .
Jai Krishan since deceased represented by Lrs.
SUDHANSU JYOTI MUKHOPADHAYA, J Leave granted.
A.154 of 1985 heard by the Additional District Judge, Dehradun.
appellant herein and Mahesh Chandra respondent number8, got filed reference under Section 18 of the L.A. Act.
Thereafter sometime was taken to file the review petition.
There were 6990 trees on the aforesaid 36 acres of land.
It was further pleaded that the land being sloppy and uneven as such it cannot be assessed more than Rs.5,000/ per acre.
They also pleaded that the companypensation having been paid after more than one year from the date on which possession was taken, they are entitled for interest 15 per annum as provided under proviso to Section 28 of the L.A. Act.
The said reference No.
The impugned judgment was delivered on 16th July, 2005 and a review petition was filed on 15th September, 2005 i.e. after 30 days delay.
