Full Judgment Text
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PETITIONER:
THE STATE OF PUNJAB
Vs.
RESPONDENT:
DES RAJ
DATE OF JUDGMENT: 18/04/1996
BENCH:
KULDIP SINGH (J)
BENCH:
KULDIP SINGH (J)
AHMAD SAGHIR S. (J)
KIRPAL B.N. (J)
CITATION:
JT 1996 (4) 263 1996 SCALE (3)579
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned. Leave granted.
Notification under section 4(1) of the Land Acquisition
Act, 1894 [for short, the ’Act’] was published on March 11,
1978 acquiring 55 acres 5 kanals 1 marla for construction of
new Mandi at Jalalabad. The Collector in his award dated
March 13, 1978 determined the compensation at Rs.4500/- per
acre. On reference, the Additional District Judge by his
award and decree dated March 19, 1982 enhanced the
compensation to Rs.25,000/- per acre and R5.20,000/-per acre
on the basis of belting. The learned single Judge by his
judgment and decree dated December 2, 1988 further enhanced
the compensation to Rs.43,000/- and Rs.34,000/- per acre on
belting basis, but applied the provisions of Amendment Act
68 of 1984. In this appeal, we are concerned only with the
applicability of Sections 23 (2), 28 and 23(1-A) of the Act
as amended by Act 68 of 1984. Since the reference Court
determined the compensation on March 19, 1982, i.e., prior
to the introduction of the Amendment Act, the claimants are
not entitled to the enhanced solatium and interest and also
the additional amount under section 23(2), 28 and 23(1-A)
respectively of the Act.
It is brought to our notice that dissatisfied with the
enhanced compensation of Rs.43,000/- per acre, the claimant
has filed Letters Patent Appeal and that it is pending. If
that is so, we need not go into the question whether
determination of the compensation by the learned single
Judge at Rs.43,000/- per acre is justified or not. The
matter is left open. The Division Bench would be free to
decide the matter according to law. But as regards the
applicability of the amended provisions, in view of the
above facts, the learned single Judge was clearly in error
in extending the additional benefits under the amended
provisions of the Act.
The appeal is accordingly allowed. The order awarding
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30% solatium, 9% interest from the date of taking possession
for one year and thereafter 15% interest and also the
additional amount of 12% per annum under section 23(1-A)
stands set aside. Instead, the claimant is entitled to 15%
solatium under section 23 (2) and 6% interest under Section
28 as unamended, on enhanced compensation from the date of
taking possession till date of deposit into Court. No
costs.