KANWAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) As the issues raised in these two petitions are inter-connected, I propose todispose of both the petitions by this common order.

(2.) The land of the petitioner was acquired by the Government under the LandAcquisition Act and the award of the Collector was passed on 10.11.1981. Thepetitioner preferred a reference petition under Section 18 of the Land Acquisition Acton the ground that the amount of compensation awarded to the petitioner was on thelower side. The said reference petition was registered as LAC No. 198/1980.

(3.) The said reference petition was considered and decided by the reference courtnamely the Additional District Judge on 31.3.1984. A copy of the judgment of thereference Court is placed on record which would indicate that the reference Courtenhanced the market value of the land and fixed the same at Rs.3,800.00per bigha.The reference court held that the petitioner is entitled to enhancement @ Rs. 2,300.00per bigha and further entitled to solatium for compulsory acquisition @ 15% andfurther entitled to interest under section 4(3) of the Land Acquisition (A & V) Act onthe enhancement value. It was also held that they would further be entitled to interestunder Section 28 of the Land Acquisition Act on the enhanced compensation fromthe date of taking possession till the date of compensation in the court.