Court No. - 1 Case :- FIRST APPEAL No. - 278 of 2010 Petitioner :- Allahabad Development Authority Respondent :- Special Land Acquisition Officer, Allahabad & Ors. Petitioner Counsel :- B.B. Paul Hon'ble Rakesh Tiwari,J.
Heard learned counsel for the appellant and perused the record.
Admit.
Land of respondent no.3 was acquired by State of U.P. in favour of appellant,
Allahabad Development Authority under Section 4 of Land Acquisition Act.
Respondent no.3, Sri Purshottam Lal son of Sri Lal Kishun filed L.A.R. No.
54 of 1989,Purshottam Lal versus Special Land Acquisition Officer,
Allahabad and others for enhancement of compensation, which was allowed
by the Additional District Judge, Court No.7, Allahabad vide judgment and
order dated 23.2.2010 directing for payment of compensation at the rate of
Rs.44/- per sq.meter with 12% interest from the date of publication of
notification under Section 4(1) of the Land Acquisition Act till 28.4.79 i.e. the
date of taking possession. Apart from this, the Court has allowed 30%
solatium for payment to respondent no.3 with 9% interest for a period of one
year from the date of taking of the possession and thereafter at the rate of 15%
interest. The Court below has also directed that deposit, if any, made earlier
shall be adjusted.
Considering the facts and circumstances of this case and upon hearing learned
counsel for the appellant as well as after perusing the record appended along
with this second appeal, it is directed that the appellant shall deposit the whole
of the amount as awarded by the Additional District Judge,Court No.7,
Allahabad in L.A.R. No. 54 of 1989 in the office of Special Land Acquisition
Officer, Allahabad within a period of one month from today. On deposit being
made by the Allahabad Development Authority, 50% of the aforesaid amount
shall be released in favour of the claimant on making of an application by him
without payment of any security and remaining 50% shall be kept invested in
a Fixed Deposit in a Nationalized Bank subject to renewal from time to time
and orders of the Court.
In compliance of the above terms and conditions, the operation of the
impugned judgment and decree dated 23.2.2010 shall remain stayed.
Order Date :- 13.7.2010
CPP/-