UNION OF INDIA Vs. KEHAR SINGH

JUDGEMENT

(1.) Vide this judgment three F.A.0 619 666 and 667 of 1979) alongwith cross-objections filed in F.A.O. No. 619 of 1979 are being disposed of.

(2.) These appeals have been filed by the Union of India challenging Award of Senior Sub Judge Faridkot, dated May, 26, 1979, as Arbitrator under section 8(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter called 'the Act') The Arbitrator fixed market value of the acquired land blockwise. In Block-No. 1, for irrigated land the rate was fixed at Rs. 13900/- per acre; for Barani land the rate was fixed at Rs. 9700/-per acre; for Gair Mumkin land the rate was fixed at Rs. 6900/- per acre. In Block No. 11, for irrigated land, the rate was fixed at Rs. 11330/- per acre and for Barani land the rate was fixed at Rs. 7900/per Block No. III, for the land abutting Moga Ferozepur road the rate was Rs. 24000/- per acre, and for the remaining land the rate was fixed at Rs. 21200/- per acre. The Arbitrator allowed 15% solatium on account of the compulsory acquisition and 6% per annum interest on the total amount of compensation from February 4, 1972 till its payment. Some of the land was mortgaged. The mortgage amount was ordered to be paid out of compensation as awarded above. The Union of India feeling not satisfied with the amount of compensation awarded, filed these three appeals; whereas in one of the appeals, F.A.O. No. 619 of 1979, the owners have filed cross-objections claiming more compensations for the acquired land.

(3.) On December 1, 1965, land measuring 1646 Kanals 2 Marlas was requisitioned under the Defence of India Rules, 1962. Subsequently on February 4, 1972 vide notification published in the Punjab Government Gazette, land was acquired. However, details of the land acquired were published in June 1974. The Special Land Acquisition Collector fixed compensation for the acquired land as the claimants were not satisfied with the amount of compensation fixed. Several cases were referred to the Arbitrator for adjudication. Subsequently, those cases were consolidated and disposed of vide the impugned Award.