RAMJI DAS AND OTHERS Vs. GOVERNMENT OF PATIALA AND EAST PUNJAB STATES UNION, PATIALA NOW STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal from the award and the statement of the grounds of the award of the learned District Judge of Bhatinda whereby he affirmed an award given by the Collector, Bhatinda, determining the compensation payable to the Appellants for their land taken into possession by the erstwhile Patiala State.

(2.) THE Appellants owned 19748 square yards of land situate in Bhatinda. This was taken into possession by the Patiala State somewhere in 1904 -1905 A.D. In spite of earnest efforts, the owners could not persuade the Patiala State to pay them compensation for acquisition of their land till in obedience to the direction of the Revenue Secretary on 25th May, 1953, the Collector Bhatinda district assessed compensation at the rate of Rs. 2/ - per square yard and in addition allowed interest at the rate of Rs. 6/ - per cent per annum from the date of their dispossession from the land. Thereafter they applied under Section 19 of the Patiala and East Punjab States Union Land Acquisition Act (Act No. IV of 2006 Bk.) for reference of the matter to the Court for determination of the amount of compensation payable to them. In consequence the Collector referred the matter under Section 20 of the Act to the District Judge of Bhatinda on 17th December, 1953. The District Judge after due enquiry affirmed the award given by the Collector.

(3.) THE learned Counsel for the Respondent raised a preliminary objection that the appeal was not competent either under Section 56 of the Patiala and East Punjab States Union Land Acquisition Act (Act No. IV of 2006 Bk.) or under Section 39 of the Punjab Courts Act as entered in the memorandum of appeal.