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1996 Supreme(SC) 2099
SUPREME COURT OF INDIA
K Venkataswami, S C Agarwal
U. P. AVAS EVAM VIKAS PARISHAD, APPELLANT
VERSUS
HAKIM SINGH AND ANOTHER, RESPONDENTS.
(CIVIL APPEAL NO. 15493 OF 1996)
WITH
U. P. AVAS AVAM VIKAS PARISHAD, APPELLANT
VERSUS
NAROTTAM AND ANOTHER, RESPONDENTS. (CIVIL APPEAL NO. 15494 OF 1996).
Civil Appeals Nos. 15493-94 of 1996, decided on December 6, 1996.
Provisions of the Land Acquisition (Amendment) Act, 1984 are not applicable to acquisitions under the U.P. Avas Evam Vikas Parishad Act.
Headnote:
Land Acquisition - U.P. Avas Evam Vikas Parishad Act - Provisions of Land Acquisition (Amendment) Act, 1984 not applicable - Grant of enhanced compensation and interest set aside
Fact of the Case:
The appeals related to the acquisition of land under the provisions of the U.P. Avas Evam Vikas Parishad Act. The Additional District Judge had extended the benefit of enhanced compensation and interest, which was upheld by the High Court. However, the provisions of the Land Acquisition (Amendment) Act, 1984 were found not applicable to acquisitions under the Act.
Finding of the Court:
The court set aside the directions given by the Additional District Judge and upheld by the High Court regarding the grant of enhanced solatium, additional compensation, and enhanced interest. It held that the respondents would be entitled to solatium at 15% and enhanced interest at 6% only.
Issues: Interpretation of the applicability of the provisions of the Land Acquisition (Amendment) Act, 1984 to acquisitions under the U.P. Avas Evam Vikas Parishad Act.
Ratio Decidendi: The court relied on previous judgments to establish that the provisions of the Land Acquisition (Amendment) Act, 1984 are not applicable to acquisitions under the U.P. Avas Evam Vikas Parishad Act.
Final Decision: The appeals were disposed of accordingly, with the grant of enhanced compensation and interest being set aside, and the respondents being entitled to solatium at 15% and enhanced interest at 6% only.
ORDER
1. Delay condoned in filing special leave petitions.
2. IA No. 4, application for condonation of delay in filing substitution application is allowed.
3. IA No. 5, the application for setting aside abatement is allowed and accordingly abatement is set aside. IA No. 3, the application for bringing on record the legal representatives of deceased Hakim Singh, Respondent 1 is allowed and the legal representatives of the deceased Respondent 1 are brought on record.
4. Special leave granted.
5. These appeals relate to acquisition of land under the provisions of the U.P. Avas Evam Vikas Parishad Act (in short "the Act"). Under the impugned judgments the benefit of enhanced compensation under the provisions of Section 23(1-A), 23(2) as well as enhanced interest under Section 28 of the Land Acquisition Act, 1894, as amended by the Amendment Act of 1984 has been extended by the Additional District Judge which has been upheld by the High Court. As per the law laid down by this Court the provisions of the Land Acquisition (Amendment) Act, 1984 are not applicable to acquisitions under the Act (see : Gauri Shankar Gaur v. State of U. P. ((1994) 1 SCC 92), U.P. Avas Evam Vikas Parishad v. Pushpa Lata Awasthi ((1995) 3 SCC 573).) The directions given by the Additional District Judge which have been upheld by the High Court regarding grant of enhanced solatium @ 30%, additional compensation @ 12% and enhanced interest @ 9% are, therefore, set aside. The respondents will be entitled to solatium @ 15% and enhanced interest @ 6% only. The appeals are disposed of accordingly. No order as to costs.
