LAWS(P&H)-2003-10-79

STATE OF PUNJAB Vs. GOBINDER SINGH

Decided On October 29, 2003
STATE OF PUNJAB Appellant
V/S
Gobinder Singh Respondents

JUDGEMENT

(1.) THIS judgment will dispose of RFAs 1191 to 1996 of 1988.

(2.) ON 24.6.1981 notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published for acquisition of land in village Madhpur at public expenses for public purposes i.e. for construction southern bye-pass G.T. Road Madhopur adjoining Sirhind-Chuni Road. The Land Acquisition Collector vide his award dated 28.11.1985 awarded compensation @ Rs 25,000/- per acre. Being not satisfied, the interested persons filed references under Section 18 of the Act which have been decided by the District Judge, Patiala, vide his judgment dated 26.4.1988. The District Judge had enhanced compensation for the acquired land to Rs. 32,000/- per acre. The claimants have also been held entitled to solatium @ 30% and interest @ 9% per annum on the compensation amount and solatium from the date of taking possession for one year and thereafter @ 15% per annum. The claimants have also been held entitled to the benefit of the provisions of Section 23(1)(A) of the Act and were to be paid an amount calculated @ 12% per annum on the market price of the acquired land from the date of publication of the notification till the date of the award of the Collector or the date of taking possession which may be earlier. State of Punjab has filed these RFAs challenging the aforesaid judgment.

(3.) I have considered the submission made by the learned State counsel.