RAMESH DUTT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Notification under Section 4(1) of the Land Acquisition Act, 1894 [for short, the "Act"] was published on October 16, 1970 acquiring a large extent of land admeasuring 180 acres in revenue estate of Bhatinda. The award was made under Section 11 on March 24, 1978. The appellant claimed compensation for the land and also for loss of business of poultry farm run in the land. The compensation @ Rs. 10/- per sq.yd. was awarded by the Additional District Judge which was affirmed by the High Court as enhancement thereof was not pressed. Thus, as far as the quantum of compensation for the land is concerned, the determination at market value of Rs. 10 per sq.yd. has become final.

(2.) The only question in the appeal of the claimant is:Whether the claimant would be entitled to compensation for loss of business As per clause fourthly of Section 23 (1) of the Act, in determining the amount of compensation to be awarded for the land acquired under the Act, the Court shall also take into consideration the damages, if any, sustained by the person interested at the time of the Collector's taking possession of the land for loss of his earnings. The yardstick, therefore, is the compensation for the loss of business as on the date of taking possession. It is seen, as found by the reference Court that the appellant remained in possession upto April 26, 1977 and continued his business. It was admitted in the cross-examination by the appeallant that he was disposing of the birds in poultry farm even at the time of his adducing the evidence. Accordingly, the District Judge recorded the finding thus:

(3.) Having illegally remained in possession and carried on the business he did not suffer any loss in earnings. On the other hand, he had reaped the benefits. So he is not entitled to get further compensation.