LAWS(P&H)-1980-2-43

THE STATE OF PUNJAB Vs. SMT. LILA WATI

Decided On February 27, 1980
The State Of Punjab Appellant
V/S
Smt. Lila Wati Respondents

JUDGEMENT

(1.) THIS order will dispose F.A.Os. Nos. 64, 65, 66, 67, 68, 69 and 70 of 1975, alongwith the cross -objections filed in all the appeals as all of them arise out of the same judgment.

(2.) BY two separate notifications, dated 23rd October, 1953 and 21st April, 1954, the agricultural land measuring 28 Kanals 2 Marlas, was requisitioned by the State Government for the construction of cheap tenements near the Industrial Area of Jullundur. The requisitioned land was situated on the road leading to Sodal. Subsequently, the said land was acquisitioned in April, 1963, under the Punjab Requisitioning and Acquisition of Immovable Property Act, 1963 (hereinafter referred to as the Act), and the compensation was determined at the rate Rs. 420/ - per Kanal by virtue of the provisions contained in sub -section (4)(a) of Section 8 of the Act, according to which the compensation had to be paid at the market value or twice the price which the requisitioned property would have fetched in the open market if it had been sold on the date of requisition, whichever is less. Since the petitioners were not satisfied with the compensation awarded by the State Government on the basis of compensation allowed by the Military Officer, District Judge, Jullundur was appointed as the Arbitrator under the provisions of the Act. The following issues were framed for the determination of the dispute between the parties: -

(3.) WHETHER and, if so, what amounts are the claimants entitled to get as interest by way of compensation?