IST ADDITIONAL DISTRICT JUDGE ARBITRATOR KIRAN SINGH MAHENDER Vs. UNION OF INDIA UOIUNION OF INDIA UOI

JUDGEMENT

(1.) The controversy involved in all these writ petitions is identical and, therefore, they are being disposed of by a common order.

(2.) An area measuring 2221.12 acres in villages Pasonda, Karhera Nistali, Aslatpur, Sikanderpur, Mewlagiri, Brahmpur alias Hapura and Makarmatpur in district Meerut was requisitioned for construction of Hindan Air Field under Section 29 of Defence of India Act, 1962 (hereinafter referred to as the Act). Since the land was occupied for a work of permanent character viz. construction of an Air Base, it was acquired after observing the necessary formalities under Section 36 of the Act. The land vested with the Ministry of Defence, Government of India, some time in 1964-65. The Special Land Acquisition Officer (Defence Project) after considering the objections filed by the land owners and taking into consideration the sale deeds of the year 1963-64 determined the compensation payable for the acquired land under Section 36 of the Act. The Union of India approved the rates which had been determined by the Special Land Acquisition Officer (Defence Project) and payments were made to the landholders. Feeling aggrieved by the quantum of compensation, the landholders approached the appropriate Government for appointment of an Arbitrator under Section 37 (1) of the Act. The appropriate Government thereafter appointed the District Judge/Additional District Judge, Meerut as Arbitrator under Section 37 (2) of the Act for determination of the compensation amount.

(3.) The landholders filed objection before the Arbitrator on various ground and the main ground being that the price of the acquired land fixed by the Special Land Acquisition Officer was less than the market value and that they were entitled to solatium @ 30 per cent and also interest @ 15 per cent from the date of dispossession till the date of actual payment of the compensation amount. The objection filed by the landholders was contested by the Union of India on the ground inter alia that the price determined for the acquired land was proper and that the landholders were not entitled to any solatium or interest. After considering the evidence adduced by the parties, the Arbitrator/Additional District Judge, Meerut, held that the market value of the acquired land which was agricultural in character is Rs. 2.60 per sq. yard. It was further held that the landholders were entitled to solatium @ 30 per cent and interest @ 9 per cent on the excess amount from the date of dispossession till the date of payment.