LAWS(P&H)-2003-10-89

JOGINDER SINGH Vs. STATE OF PUNJAB

Decided On October 08, 2003
JOGINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) LEARNED counsel for the appellants does not contest the quantum of compensation determined by the Additional District Judge, Faridkot, under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The only contention of the learned counsel for the appellants is for higher solatium as envisaged under Section 23(1A)(2) of the Act as amended on 24.9.1984 as well as higher interest in terms of Sections 28 and 34 of the Act as amended on 24.9.1984.

(2.) THE facts noticed in the impugned award reveal that the acquisition was made on the basis of a notification dated 26.12.1977 issued under Section 4 of the Act. The Land Acquisition Collector PWD (Building and Roads Branch), Jullundur, by his award dated 22.10.1979, assessed compensation at the rate of Rs. 12,000/- per acre for Chahi land, Rs. 8000/- per acre for Barani land and Rs. 4800/- per acre for Gair Mumkin Rasta. The Reference Court, upon filing of applications under Section 18 of the Act, assessed the market value of Chahi land at Rs. 36,500/- per acre and Barani land at Rs. 20,000/- per acre and in doing so found the appellants entitled to solatium at the rate of 15% and interest at the rate of 6% per annum on the enhanced amount of compensation up to the date of payment. The Additional District Judge, Faridkot, announced the award in response to the applications under Section 18 of the Act on 22.11.1982.

(3.) THE applicability of the amendment to the provisions of the Land Acquisition Act, 1894 relating to the introduction of Section 23(2) again came up for consideration before the Apex Court in K.S. Paripoornan v. State of Kerala and others, AIR 1995 SC 581 : 1995(1) RCR(Civil) 40 (SC), wherein the Supreme Court expressed the legal position as under :-