STATE OF PUNJAB Vs. DES RAJ

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short, 'the Act') was published on 11/3/1978 acquiring 55 acres 5 kanals 1marla for construction of new Mandi at Jalalabad. The Collector in his award dated 13/3/1978 determined the compensation at Rs. 4,500. 00 per acre. On reference, the Additional District Judge by his award and decree dated 19-3- 1982 enhanced the compensation to Rs. 25,000. 00 per acre and Rs. 20,000. 00 per acre on the basis of belting. The learned Single Judge by his judgment and decree dated 2/12/1988 further enhanced the compensation to Rs. 43,000. 00 and Rs. 34,000. 00 per acre on belting basis, but applied the provisions of the Amendment Act 68 of 1984. In this appeal, we are concerned only with the applicability of S. 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 19-3-1982, 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 S. 23 (2, 28 and 23 (1-A) respectively of the Act.

(3.) It is brought to our notice that dissatisfied with the enhanced compensation of Rs. 43,000. 00 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. 00 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.