STATE OF PUNJAB Vs. GURU DUTT

JUDGEMENT

(1.) THIS Regular First Appeal has been filed by the State of Punjab against the award dated 18.5.1987 passed by the Additional District Judge, Amritsar, vide which the market value of the acquired land was determined @ Rs. 35,200/- per acre and the respondent-claimants were also awarded the benefits of 12% additional amount under Section 23 (1-A), 30% solatium under Section 23(2) and enhanced interest @ 9% per annum for the first year and @ 15% per annum for the subsequent years under Section 28 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act').

(2.) VIDE notification dated 24.9.1979 issued under Section 4 of the Act, the State of Punjab acquired certain of land situated in Village Fatehabad, Tehsil Tarn Taran, District Amritsar, for the purpose of widening and strengthening the Tarn Taran-Goindwal road. The Land Acquisition Collector, vide his award dated 26.11.1985, assessed the market value of the acquired land @ Rs. 5,360/- per acre.

(3.) THE learned Additional District Judge, vide his award dated 18.5.1987, determined the market value of the acquired land @ Rs. 35,200/- per acre on the basis of an award dated 15.1.1985 (Ex.AW2/3) in which the similar land in the similar area was acquired by the State Government for widening the road in Fatehabad area vide notification dated 18.8.1978 and the market value of that acquired land was assessed @ Rs. 35,200/- per acre.