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1997 Supreme(SC) 761

G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
D Block Ashok Nagar (Sahibabad) Plot Holders Association (Regd. ) – Appellant
Versus
State Of U. P. – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the judgment of the Allahabad High Court, made on 6.5.1996 in CMWP No. 13550/92.

3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act ) acquiring a large chunk of 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 amended by 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 Awas 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. Awas Evam Vikas Adhiniyam, cannot be countenanced. The question is: what is the balance amount payable? 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.



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