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PETITIONER: D-BLOCK ASHOK NAGAR (SAHIBABAD) PLOT HOLDERS ASSOCIATION (RE

       Vs.

RESPONDENT: STATE OF U.P. & ORS.

DATE OF JUDGMENT:       29/04/1997

BENCH: K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      This appeal  by special  leave arises from the judgment of the  Allahabad High  Court, Made  one  6.5.1996  in  CMWP No.13550/92.      Notification under Section 4(1) of the Land Acquisition Act, 1894  (for short, the ‘Act’) acquiring a large chunk on 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  vL 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  Awash  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 Awash Evam Vikas Adhiniyam, cannot  be  countenanced.  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.52,05,94,187.90 was determined. Out of  which  Rs.  42,15,00,000/-  was  deposited  and  the balance amount was agreed to be deposited as admitted by the Teller dated  December 10,  1992 of  the Commissioner,  Shri Rajiv Kumar  Singh. The balance amount of Rs. 3,26,22,583,25 is,  therefore,  payable  to  them.  The  liability  to  pay interest arises only when the Land Acquisition Officer takes possession of  the land after the award comes to be made. It is states  on behalf  of the Parishad that the possession of an extent  of only 9.2 acres of land alone was delivered and the rest  of the land has not been delivered and the rest of the land  has not  been delivered.  In view of the fact that the liability  to pay the interest arises only free the date of taking  possession and  as it  is claimed that the entire extent of  the land  has not been given possession, the Land Acquisition Officer  is directed  to determine  as  to  what extent of  the area possession of which has been given after the award;  for those  claimants whose lands have been taken

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possession, interest  shall be  calculated as  per the award from the  date of taking possession till date of deposit and interest shall  accordingly be  deposited within a period of six months from the date of the receipt of the judgment. The appeal is accordingly allowed. No costs.