VED PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) During the pendency of this Regular First Appeal, the appellant filed an application under Order 6, Rule 17 read with Sections 149 and 151 of the Code of Civil Procedure for amendment of the grounds of appeal as well as make up the deficiency in the Court fee which has accrued on Account of the amendment now sought. This application was ordered to be heard with the main case. Before examining the matter, it would be appropriate to dispose of this application. Against the award of the District Judge, Gurgaon, vide which the appellant was awarded compensation for the land acquired at the uniform rate of Rs. 27/- per sq. yard, the appellant initially claimed compensation at the rate of Rs. 39/- per sq. yard and affixed the Court fee on the memorandum of appeal accordingly. During the pendency of this appeal, this Court in R.F.A. No. 367 of 1987 titled Chandgi Ram v. State of Haryana, enhanced the amount of compensation in respect of the land, subject-matter of the same acquisition, at Rs. 48/- per sq. yard and hence this application for amendment as well as to make up deficiency of the Court fee under section 149/151 of the Code of Civil Procedure. Amendment of pleadings is now-a-days construed more liberally. In land acquisition cases, Court grants time to claimants to make up the deficiency in the Court fee in case the amount awarded by the Court exceeds the amount claimed by the claimant. This being the position, the prayer made seeking amendment of the grounds of appeal is allowed in the interest of justice and the appellant is permitted to affix the additional Court fee on the amount claimed.

(2.) Vide notification dated March 20, 1978, under section 4 of the Land Acquisition Act, the land in dispute situate in village Gurgaon, was acquired by the State Government. The District Judge, vide award dated 5.1.1988 awarded claimants compensation at the rate of Rs. 27/- per sq. yard. This judgment was challenged in R.F.A. No. 367 of 1987 referred to earlier also which too pertains to the same acquisition proceedings, i.e., acquisition of land measuring 53.83 acres situate within the revenue estate of Gurgaon Town for a public purpose, namely, for setting up a colony for economically weaker section at Gurgaon. This Court, vide judgment dated 20.5.1988 determined the market value of the acquired land at Rs. 48/- per sq. yard. Since the present appeal also arises out of the same acquisition proceedings, I following the judgment of my brother Jai Singh Sekhon, J., determine the market value of the land also at Rs. 48/- per sq. yard. In addition to the compensation payable to the appellant the appellant will also be entitled to an amount equal to 12% per annum over and above the market value from the date of publication of notice, i.e., 20-3-1978 uptill his dispossession or the pronouncement of the award by the Collector, whichever is earlier. The appellant will also be entitled to solatium at the rate of 30% per annum. In addition thereto, the appellant will also be entitled to interest at the rate of 9% per annum for the first year from the date of dispossession and at the rate of 15% per annum onwards till the date of payment of compensation. Consequently, the appellant will also be entitled to proportionate cost of this appeal.

(3.) The appellant claimed market value of the acquired land at the rate of Rs. 39/- per sq. yard and affixed the Court fee accordingly. Since the amendment of the grounds of appeal has already been granted, the appellant is permitted to make up the deficiency in the Court fee. Accordingly, I grant the appellant two months time to make good deficiency in the Court fee on the amount of compensation as determined above. In case the appellant fails to make up deficiency in the Court fee, the compensation now awarded would be to the extent of the Court fee already paid. Ordered accordingly.