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2010 DIGILAW 2595 (ALL)

Mithlesh v. Collector

2010-08-26

PANKAJ MITHAL

body2010
JUDGMENT Hon'ble Pankaj Mithal,J. - This appeal under Section 381 of the U.P. Nagar Mahapalika Adhiniyam, 1959 is listed for final hearing. It is an appeal of the year 1985. The appeal is directed against the award of the reference court dated 25.5.81 passed in Land Acquisition Case No. 2 of 1981. 2. Sri Rahul Agarwal, learned counsel for the appellant has confined his arguments only to the award of interest on the amount of damages awarded under Section 48-A of the Land Acquisition Act (herein after referred as Act). 3. The land in dispute was acquired under the provisions of the U.P. Nagar Mahapalika? Adhiniyam, 1959 and was subsequently handed over to the U.P. Awas Vikas Parishad and as such Parishad is the ultimate beneficiary of the said land upon whom rests the responsibility of the satisfying the award. 4. Accordingly, on behalf of the Parishad an application for impleadment under order 1 Rule 10 of the C.P.C. was moved as far back as in the year 1992. The counsel for the Parishad, who moved the application is no longer on panel of the Parishad for last over 10 years but no new counsel has been engaged on behalf Parishad to press the above application. Even though no one is present to press this application, in the interest of justice, I allow the same and permit U.P. Awas Evam Vikash Parishad, 104, M.G. Road, Lucknow through housing Commissioner to be impleaded as respondent no.3. 5. In view of the limited question with regard to payment of interest on the damages awarded which is purely of a legal nature and is squarely covered by various decisions of this court, I do not propose to defer the hearing of the appeal on any technical ground much less non appearance of counsel for respondent no.3. 6. Having heard learned counsel for the appellant and the? learned Standing counsel for the State of U.P., following the decisions of this court reported in the case of I.C. Jain and others vs. Collector Agra, Neeta Vs. Collector Agra, Smt. Mithlesh Vs. 6. Having heard learned counsel for the appellant and the? learned Standing counsel for the State of U.P., following the decisions of this court reported in the case of I.C. Jain and others vs. Collector Agra, Neeta Vs. Collector Agra, Smt. Mithlesh Vs. Collector Agra, and unreported judgment of the Division Bench of this court dated 11.9.09 passed in first appeal no.949 of 1987 Mithiesh vs. Collector Agra wherein it has repeatedly been held that interest is also payable on the amount damages awarded under Section 48-A of the Act, I have no option but to award interest@ 6% under Section 28 of the Act? as applicable at the relevant time on the amount of damages awarded to the claimants. 7. The appeal is partly allowed as above and the award of the Tribunal? dated 25.5.81 shall stand modified to that extent.