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2015 Supreme(All) 348

SUDHIR AGARWAL, ANIL KUMAR SHARMA
NATIONAL THERMAL POWER CORPORATION – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
H.R. Misra, K.M. Mishra, Pankaj Dubey, N. Lal, Radhey Shyam, Anil Babu, M.A. Misra, U.P. Singh, V.B. Singh, Rajesh Dwivedi, Rekha Pundir, Madan Mohan, C.K. Parekh and Raunak Parekh for the Appellant; S.S. Shukla, A.C. Srivastava, C.B. Dubey, Pankaj Dubey, Vivek Chaudhary, Vijai Sinha, Madan Mohan, V.B. Singh, Kalpnath Rai, Vijai Prakash, Anil Babu, N. Lal, Ramesh Pundir, Rekha Pundir, Ramendra Asthana, Vijay Singh, Raj Kumar, Pankaj Mithal, Jai Singh Chandel, Pankaj Dubey, Radhdey Shyam, Rajesh Dwivedi, Udai Pratap Singh, Satish Mandhyan, V.B. Singh, K.N. Rai, V.V. Singh, B.P. Singh K. Singh, S.K. Singh and P.P. Singh for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—We have heard the learned counsel for the parties at length and perused the record of the cases carefully.

2. All these appeals have come up under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred as ‘Act, 1894’) read with Section 96 of the Code of Civil Procedure arising from common award dated 31.5.2001 passed under Section 26 of the Act, 1894 by Sri Ahmad Shamim, VIIIth Additional District Judge, Ghaziabad after hearing 79 land acquisition references, made under Section 18 of Act, 1894, determining compensation payable to the claimants whose land were acquired by State of U.P. for National Thermal Power Corporation (hereinafter referred as ‘N.T.P.C.’).

3. The Court below has found that tenure holders whose land were acquired, are entitled to payment of compensation @ Rs. 43 per sq. yard. The claimants are entitled to interest @ 12% from the date of notification i.e. 18.8.1986 till the date of possession i.e. 28th February, 1987. They are also entitled to solatium @ 30%, for the period subsequent to 28th February, 1987; for









































































































































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