GAURI SHANKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Regular First Appeal Nos. 1935 of 1989 and 2369 of 1989 as they arise out of common judgment and decree of the Additional District and Sessions Judge, Ferozepur passed on 10. 4. 1989. For the purposes of this judgment, facts have been taken from Regular First Appeal No. 1935 of 1989.

(2.) LAND measuring 29 acres 3 kanals and 16 marlas situated in Ferozepur Cantt. was notified for acquisition for setting up a grain market through notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') issued on 15. 3. 1976. On 17. 3. 1976 notification under Section 6 of the Act was also issued.

(3.) THE Collector gave the award on 26. 3. 1982. The Collector allowed compensation at the rate of Rs. 10,000/- per acre and allowed Rs. 1,500/- per tubewell and Rs. 600/- for the standing trees. In addition, the Collector allowed Rs. 4602/- as compensation for the building. The appellant felt aggrieved against the award of the Collector and therefore moved an application under Section 18 of the Act for making a reference to the District Judge. The reference came up for consideration before the Additional District Judge, Ferozepur. The Additional District Judge vide his award dated 10. 4. 1989 came to the conclusion that the land in dispute has got great potentiality for being used as building site. He also came to the conclusion that the appellant has set up a colony and had started selling plots. The Additional District Judge came to the conclusion that the market value of the land was Rs. 77,427/- per acre. He also allowed Rs. 10,000/- for the tube-wells and Rs. 67,750/- as severance charges and Rs. 8,385/- for the trees. The Additional District Judge also came to the conclusion that the appellants are entitled to enhanced solatium with interest in accordance with the provisions of the Land Acquisition (Amendment) Act. He also came to the conclusion that the appellants are entitled to interest at the rate of 9 per cent with effect from 25. 3. 1976 for the first year and at the rate of 15 per cent per year afterwards till the payment was made. The Additional -District Judge also came to the conclusion that the appellants are also entitled to the payment of solatium at the rate of 30 per cent of the compensation amount.