UNION OF INDIA Vs. LEKHI

JUDGEMENT

(1.) All these appeals have been filed under section 54 of the Land Acquisition Act, 1894 (In short 'the Act') seeking setting aside the judgment of the learned Additional District Judge whereby ona reference made to him under Section 18 of the Act, he enhanced the amountof compensation payable to the petitioners. In all these appeals the crossobjections have been filed by the respondents therein claiming enhancement ofcompensation.

(2.) A notification under Section 4 of the Act was issued on 6/01/1969 for acquiring large chunk of land in village Aali. A declarationunder Section 6 of the Act was issued on 12/06/1969. The Land Acquisition Collector gave the award on 27/02/1970 it being award No. 4545 of 1969-70. He divided the land in. three blocks A,B and C and respectivelyawarded compensation @ Rs. 2,775.00, Rs. 1,350.00 and Rs. 600.00 per bigha.On a reference made under Section 18 of the Act the learned AdditionalDistrict Judge enhanced the amount of compensation for all these three blocks@ Rs. 7.000.00, Rs. 5,300.00 and Rs. 1.800.00 per bigha. This judgment is dated31.5.1976. Against the said judgment the appellant Union of India filed allthese appeals. As noted above cross objections have been filed by the respondents seeking enhancement of the compensation to Rs. 20,000.00 per bighairrespective in which block the land of the respondents had been acquired.

(3.) We need not set out the facts of the case in any detail or otherwisediscuss the merits of the appeals and cross objections in as much as theseappeals are covered by two decisions of this Court; one in R.F.A. No. 383/76decided on 9/01/1983 and the other in R.F.A. No. 413/77 decided on 9/12/1991. Both these decisions are of different Division Benchesof this Court. The amount of compensation has been enhanced to Rs. 17,000.00per bigha Division of land in blocks appears to have been given .a go by.Following these judgments, therefore, we also dismiss the appeals but allow thecross objections and enhance the amount of compensation payable to the respondents @ Rs. 17,000.00 per bigha. The respondents shall be entitled tosolatium @ 15% per annum on the market value of the land so fixed andinterest @ 6% per annum from the date on which the possession of the lands ofthe respondents were taken till the date of payment. The interest and solatiumshall be payable only on the enhanced amount of compensation as awarded byus. Respondents will be entitled to costs limited to Court fee only.