The
State of Punjab Vs. Des Raj [1996] INSC 569 (18 April 1996)
Kuldip
Singh (J) Kuldip Singh (J) Ahmad Saghir S. (J) Kirpal B.N. (J)
CITATION:
JT 1996 (4) 263 1996 SCALE (3)579
ACT:
HEAD NOTE:
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 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.
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