UNION OF INDIA Vs. ARJAN SINGH

JUDGEMENT

(1.) THIS judgment will dispose of L. P. A. No. 1087 of 1988 and connected L. P A. Nos. 1019 to 1086 of 1988. 1088 of 1988, 1089 of 1988 and 1091 to 1102 of 1988 as common questions of law arise in these appeals.

(2.) IN order to appreciate the contention raised, it is necessary to state a few relevant facts. Land measuring 566. 025 acres situate in the revenue estate of Gobindpura was acquired by the Punjab Government vide notification No 13/2/78/jj-II (8) PB/5408/e/act/5893 dated May 10, 1970 Published on June 8, 1979 under Section 4 of the Land Acquisition Act, 1894 (for short, the Act ). Declaration under Section 6 of the Act was published on October 26, 1979. The Special Land Acquisition Collector gave his award on March 31, 1981 The claimants, dissatisfied with the award got the reference under Section 18 of the Act made to the Land Acquisition Court. The Land Acquisition Court vide its award dated August 11, 1986 held that the Collector had correctly assessed the compensation for the land acquired. However, it allowed to the claimants the benefit under Section 23 (1-A) and 23 (2) of the Act as amended by Act 68 of 1984 (for short, the Amending Act) and also interest at the rate of 9 per cent per annum for a period of one year from the date of taking possession of the acquired land and thereafter at the rate of 15 per cent upto the date of payment.

(3.) THE appellant, aggrieved against the award of the Land Acquisition Court, Came to this Court in regular first appeals and the learned Single Judge of this Court vide his judgment dated May 1, 1987 dismissed the same Dissatisfied with the judgment of the learned Single Judge, the appellant preferred Letters Patent appeals and has assailed the same principally on the ground that the claimants are not entitled to the benefit of the provisions of Section 23 (1- A) of the Amending Act. The learned counsel for the appellant in support of his submission relies upon a recent judgment of the apex Court reported as Union of India and Ors. v. Filip Tiago De Gama of Vedem Vasco De Gama. , (1990) 1 S. C. C. 277, In that case, the land was acquired by a notification wider Section 4 of the, Act published on October 26, 1967, followed by declaration under Section 6 of the Act published on February 23, 1968. The Land Acquisition Officer made his award determining compensation of March 5, 1969. The claimants got the references under Section 18 of the Act made to the Land Acquisition Court, he Land Acquisition Court vide its award dated May 28, 1985 enhanced the compensation. On appeal, following three additional reliefs were granted by the High Court to the claimants :- (i) Additional amount at the rate of 12 per cent of the market value from the date of notification under Section 4 till the date of taking over possession; (ii) Interest at the rate of 9 per cent for the first year from the date of taking possession and 15 per cent for the subsequent years; and (iii) Solatium at 30 per cent of the market value.