SHASHI BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Regular First Appeals No. 1102 and 1769 of 1987 filed by the claimants-land owners and Regular First Appeals No. 1618 and 1619 of 1987 filed by the State of Punjab against the same award dated 19.2.1987 passed by learned Additional District Judge, Bathinda.

(2.) VIDE notification dated 3.3.1977 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'), the State of Punjab acquired two shops measuring 265-1/2 square feet and 279 square feet bearing unit No. 8266 and 8277 respectively, for the purpose of providing passage to the public park of the Municipal Committee, Bathinda. The Land Acquisition Collector, vide his award dated 16.9.1982, determined the market value of the acquired land and superstructure separately. The market value of the land underneath the shops was assessed at Rs. 39.60 per square yard whereas the market value of the structures of unit No. 8206 and 8207 was assessed at Rs. 3,934/- and Rs. 4,578/- respectively.

(3.) THE Additional District Judge, vide his award dated 19.2.1987, assessed the market value of the acquired land @ Rs. 400/- per square yard. The market value of the superstructure in case of unit No. 8206 was increased by Rs. 2,533/-. As regards unit No. 8207, no enhancement regarding the superstructure was made. The claimants-land owners were also held entitled for the additional amount @ 12% per annum on the aforesaid market value under Section 23(1-A), solatium @ 30% under Section 23(2) and interest @ 9% per annum for period of one year and @ 15% per annum for the subsequent years under Section 28 of the Act. Against the aforesaid award, the claimants-land owners as well as the State of Punjab have filed these four appeals.