BISHAMBAR DASS Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) BISHAMBAR Dass claimant land owner has filed the instant Regular First Appeal against the award dated 23.7.1985 passed by District Judge, Gurdaspur, vide which the petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for enhancement of compensation, has been dismissed.

(2.) VIDE notification dated 3.9.1982, issued under Section 4 of the Act, the State of Punjab acquired 23 kanals 7 marlas of land situated in Village Assa Bano, Tehsil Pathankot, which was owned by the appellant, for a public purpose, namely for construction of Hydel Channel, U.B.D.C. Power House. The Land Acquisition Collector, vide his award dated 12.8.1983, assessed the market value of the acquired land at the rate of Rs. 11,800/- per acre. In addition to that solatium at the rate of 15% under Section 23(2) of the Act was also granted. Since possession of the acquired land was taken on 11.2.1971 i.e. much prior to the issuance of notification under Section 4 of the Act, therefore, interest at the rate of 6% was also awarded from the date of taking possession till the date of award.

(3.) IN reply to the reference application, it was pleaded by the acquiring department that possession of the acquired land was taken by it on 11.2.1971 instead of 1964-65. Regarding determination of the market value, it was pleaded that the same was rightly determined by the Land Acquisition Collector. However, it was denied that any Safeda trees were standing on the acquired land.