STATE OF PUNJAB Vs. BABU SINGH

JUDGEMENT

(1.) Leave granted.

(2.) After Shri R. B. Mehrotra was elevated to the bench, notices have been sent to the respondents to make alternative arrangements. All the notices have been returned. In some cases the acknowledgements have not been received. Thus, we deem that the notices have been duly served on the respondents. They do not appear to be interested after the law has been settled by this court and is against them.

(3.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short "the Act") , was published in the State Gazette on 11/12/1974 acquiring large extent of land in Village Phullanwal, Tehsil and District Ludhiana for public purpose. The Collector under Section I I made his award on 27/9/1976 determining the compensation between Rs. 5,000. 00 and Rs. 26,720. 00 per acre. On reference, by decree dated 23/2/1978, the Additional District Judge enhanced the compensation varying between Rs. 7,000. 00 and Rs. 40,000. 00 per acre. On further appeal, the Single Judge enhanced the compensation between Rs. 40,000. 00 and rs 50,000. 00 per acre at a flat rate by judgment dated 3/9/1980. The LPA was dismissed on 27/4/1981. Thus, the proceedings were concluded prior to the amendment Act coming into force. Since the Special Leave Petition was dismissed on 5/9/1983 and some appeals were subsequently disposed of by the High court, applications under S. 151 and 152 were made in these matters for amending the decree or for awarding the benefits of enhanced solatium, interest and additional amount available under S. 23 (1-A) , 23 (2, 28 of the Act as amended by LA (Amendment) Act 68 of 1984, Calling in question the orders ofthe High court of Punjab and Haryana dated 15/7/1988, these appeals by special leave have been filed.