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U.P. Avas Evam Vikas Parishad vs Hakim Singh and Another <BR> U.P. Avas Avam Vikas Parishad Vs Narottam and Another

Supreme Court Of India · Decided on 6 December 1996 · Citation: (1998) 100 ELT 17 : (1999) 9 SCC 102 : (1999) 114 STC 7

HON’BLE JUDGES
S. C. Agrawal, J · K. Venkataswami, J
RESULT
Allowed
CASE NUMBER
Civil Appeals Nos. 15493-94 Of 1996
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Judgment

5 paragraphs · 212 words
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 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 1, U.P. Avas Evam Vikas Parishad v. Pushpa Lata Awasthi.) 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.