of Punjab & Ors Vs. Raman Rai & Ors
 INSC 383 (14
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC (5) 610 1995 SCALE (5)82
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/-.
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.
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 enhanced the compensation to Rs. 1,000/- per marle, in other words
Rs. 1,60,000/- per acre.
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.
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.
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
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