KULWANT SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) BY this judgment I dispose of as many as (many as) 12 appeals i.e. RFA No. 350 of 1996, Kulwant Singh etc. v. Union Territory, Chandigarh, RFA No. 829 of 1996, Narinder Singh etc. v. U.T. Chandigarh, RFA No. 1056 of 1997, Gram Panchayat of village Behlana v. U.T. Chandigarh, RFA No. 351 of 1996 Dayal Singh etc. v. U.T. Chandigarh, RFA No. 352 of 1996 Pal Singh etc. v. U.T. Chandigarh, RFA No. 353 of 1996 Pal Chand etc. v. U.T. Chandigarh, RFA No. 354 of 1996 Mastan Singh and others v. U.T. Chandigarh, RFA No. 677 of 1996 Gurbachan Singh and others v. U.T. Chandigarh, RFA No. 676 of 1996, Mohinder Singh v. U.T. Chandigarh, RFA No. 1307 of 1996, Pal Singh v. U.T. Chandigarh, RFA No. 2223 of 1996, Data Ram v. U.T. Chandigarh and RFA No. 2224 of 1996 Smt. Lajwanti v. U.T. Chandigarh and others.

(2.) ALL these 12 appeals have been directed against the judgment, dated 24.11.1995, passed by the Court of learned District Judge, Chandigarh, who by enhancing the amount of compensation of the landowners/claimants, awarded compensation at the rate of Rs. 2,47,160/- per acre. In addition to the market value as assessed above, the claimants were also awarded interest at the rate of 12% per annum from the period commencing on and from the date of the publication of the notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') to the date of award of the Collector or the date of taking possession of the land, whichever is earlier, as provided by Section 23(1-A) of the Act. The appellants were also allowed 30% solatium over and above this compensation. They were further paid interest at the rate of 9% per annum on the enhanced compensation for the first year and 15% per annum onwards till its payment.

(3.) THE facts of the case, which are being taken from RFA No. 350 of 1996, can be described in the following manner. Through notification No. 2/5/F4- 88/12288 dated 13.10.1989 and No. 2/5/R4-88/12830 dated 27.10.1989 under Sections 4 and 6 of the Land Acquisition Act respectively, 25.81 acres of land situated in village Behlana was acquired for the installation of Indo-Tibetan Border Police Force (Camps) at Chandigarh. Shri Ram Chander Sharma, Land Acquisition Collector, passed an award on completion of the acquisition proceedings on 5.2.1990 granting compensation at the rate of Rs. 1,65,400/- per acre for all kinds of land. The Gram Panchayat of village Behlana and others co-owners of the land Gurbachan Singh and Bhag Singh etc. were not granted and had filed separate references under Section 18 of the Act, claiming enhancement on various grounds inter alia that the land abuts the Chandigarh-Patiala road; it sandwiched between the new Chandigarh Industrial Area on the one side and the Chandigarh Aerodrome on the other; it was being used for commercial purposes; important places and sectors are situated close to the acquired land and as such, the market value has not been correctly assessed. It was also stated while awarding the compensation that no amount has been allowed for damage caused to the claimants by the reason of taking over of standing crops and trees on the land. It was further submitted that while calculating the compensation, the Collector has not taken into consideration the fact that the acquisition had severed the other land holdings of the owners from the land and as such, it was prayed that the compensation at the rate of Rs. 50 lacs per acre should be awarded.