Full Judgment Text
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PETITIONER:
STATE OF PUNJAB AND OTHERS ETC.
Vs.
RESPONDENT:
RAMAN RAI AND OTHERS ETC.
DATE OF JUDGMENT14/08/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC (5) 610 1995 SCALE (5)82
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NOs. 7773-74 AND 7775-76 OF 1995
(Arising out of SLP (c) Nos. 4401-02/89 and 9043-44/94)
O R D E R
These appeals are disposed of by a common judgment. The
State has filed these appeals against the enhanced
compensation. The respondents filed the appeals for further
increase of compensation than awarded by the High Court @
Rs. 1,60,000/- per acre. The learned counsel for the claims
for higher compensation on the basis of three transactions
relied on before the High Court- Ex.p.4, p.7 and p.9 dated
April 7, 1979, March 29, 1978 and June 26, 1978
respectively. However, relying upon the judgment of the High
Court in respect of the lands which are marked in blue
colour in the plan for which higher compensation was
granted, while lands situated far away from the land in
question, counsel for the claimants contended that since
their lands are abutting the G.T. Road, they are entitled
for higher compensation. They also sought to justify the
grant of higher compensation by the High Court on the ground
that in previous batch of appeals arising out of S.L.P. (C)
Nos. 4376-4397/89, 4400/89 decided on July 19, 1995, the
land owners had claimed only at the rate of 1,50.000/- and
this Court confirmed the same. Therefore, the claimants in
these cases are entitled to higher compensation, as the
amount claimed by them was higher than Rs. 1,50,000/-.
Having regard to the contentions raised by the counsel
for the parties, the question is what will the proper
compensation payable to the claimants in these cases.
Admittedly 58 acres, 3 canals 15 marlas were acquired by
notification dated August 10, 1979. The Land Acquisition
Officer determined the compensation for Block ‘A’ @ Rs.
50,000/- and for Block ‘B’ at the rate of Rs. 36,000/- per
acre. On reference under s. 18, the Civil Court enhanced the
compensation to one lakh per acre for Block ‘A’ and Rs.
60,000/- for Block ‘B’. On appeal, the learned Single Judge
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enhanced the compensation to Rs. 1,000/- per marle, in other
words Rs. 1,60,000/- per acre.
What is to be determined is the market value of the
acquired land prevailing as on the date of the publication
of s. 4(1) notification and not on the basis of the claim as
such. The claim is the assessment of the value of the land
made by the owner. According to him that would be the
prevailing market value of the acquired land. The parties
can claim higher amount but under the unamended s.22(2) of
the Act the Court is prohibited to award compensation higher
than was claimed pursuant to the notice under s.9 and 10 of
the Act. The statutory prohibition, not to award higher than
what was claimed, itself shows that the Court is not to
award any amount in excess of the amount claimed. The Court
is enjoined under s.23(1) to determine the compensation of
the acquired land as on the date of notification. In view of
the fact that on earlier occasion, this Court has confirmed
the market value @ Rs. 1,50,000/- as limited by the owners
in these cases, the claimants herein also would be entitled
to the same amount of compensation, namely @ Rs. 1,50,000/-
per acre. It is made clear that in earlier cases the State
had not pressed for lesser amount than the one claimed in
the statement of the claimants.
It would appear that there is some discrepancy in the
calculation of the market value on the basis of marlas. It
is stated by the counsel for the claimants, and not disputed
by the counsel for the State, that qua the lands situated at
Maksudan Village 30 sq. yd. is equivalent to one marla,
while in Jullunder city 23 sq. yards is equivalent to one
marla. If the lands are calculated on acrage basis, there
would not be any difficulty or discrepancy in awarding the
compensation.
If the compensation is determined by the land
Acquisition Officer on marlas basis, the Land Acquisition
Officer should consider all the cases at 23 sq. yards per
marla, irrespective of the village in which the lands are
situated. The matter is accordingly clarified. The claimants
are not entitled to 12 per cent per annum of the additional
amount under s.23 (1-A). However, they are entitled to 9
percent interest for one year from the date of taking
possession and 15 per cent interest thereafter, till the
date of deposit of the enhanced compensation awarded by
operation of the proviso to s. 28 of the Act. The claimants
are also entitled to 30 percent solatium under s. 23(2) of
the Act on the enhanced compensation.
The State appeals are partly allowed and the claimants
appeals are dismissed. In View of the above clarification,
if additional amount of compensation becomes due on account
of calculation of land on marlas basis, as a special case,
deficit court fee, if required to be paid, may be paid
within one month from today. This direction to pay deficit
court fee would not be used as a precedent.