STATE OF PUNJAB Vs. PRITAM DASS

JUDGEMENT

(1.) The land in dispute is 5 Kanals and 5 Marlas in area and is situate in the Abadi of Mohalla Gobindgarh in Jullundur City. It was acquired by the Punjab Government first in 1949 for a public purpose, namely, for constructing a railway colony thereon, but, subsequently, on some technical ground that acquisition order was set aside by the Civil Court, with the result that fresh notification under Sections 4 and 6 of the Land Acquisition Act, 1894 , hereinafter called the Act, were issued on 26th December, 1955. Later on, these notifications were amended on 3rd January, 1956. It is undisputed that the Government took possession of this land on 21st March, 1949, and constructed railway quarters thereon.

(2.) On 21st December, 1957, the Land Acquisition Collector gave his award and fixed the market value of this land at Rs. 5410.39 paise @ Rs. 10862/- per acre, i.e. Rs. 51.53 Paise per marla approximately. Adding Rs. 811.56 paise being 15 per cent on account of compulsory acquisition charges, the compensation came to Rs. 6221.95 paise. He further directed that the Railway authorities, for whom the land had been acquired, would also have to pay Rs. 166.73 on account of capitalised value of the abated land revenue. The total amount of compensation, thus, came to Rs. 6388.68 paise.

(3.) Dissatisfied with this award, the claimants made an application under Section 18 of the Act for a reference to the Court of the learned Senior Subordinate Judge, Jullundur. They claimed compensation @ Rs. 375/-per marla. The learned Judge, on 24th November, 1959, enhanced the compensation to Rs. 140/- per marla. According to this rate, the price of the land came to Rs. 14,700/-. He also allowed Rs. 2205/- as compulsory acquisition charges @ 15 per cent. He further granted interest @ 4 per cent per annum from 26th December, 1955 to 21st December, 1957, which was the date of the award given by the Land Acquisition Collector. Against this decision, two appeals have been filed in this Court - one (R.F.A. No. 51 of 1960) by the State of Punjab, and the other (R.F.A. No. 52 of 1960) by the claimants. The State of Punjab wants that the award given by the learned Senior Subordinate Judge be set aside and the claimants be given compensation at the rate fixed by the Land Acquisition Collector. The claimants, on the other hand, desire that the rate fixed by the learned Judge be enhanced to Rs. 375/- per marla. This order will dispose of both these appeals.