PUNJAB STATE Vs. MESSRS. LACHHMAN DASS MUKAND LAL

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act, 1894. by the State of Punjab against the decision of the District Judge, Hissar, dated 31st August, 1956, enhancing on reference under Section 18 of the Land Acquisition Act the compensation awarded by the Collector to the Respondents. The Collector awarded compensation at the rate of Rs. 85/ - per biswa. On reference to the District judge the compensation was raised to Rs. 125/ - per biswa. The claim of the Respondents is that they are entitled to compensation at the rate of Rs. 400/ - per biswa. On the other hand, it is maintained by the learned Additional Advocate -General that the amount awarded by the Collector is the fair compensation for the land which has been acquired. The land is situate in the municipal limits of Dhabwali Mandi in the district of Hissar. It is common ground that it is in the close proximity of the Mandi and it is part of Khasra No. 22. Khasra No. 22 embraces a very large area and there have been a number of sales out of this Khasra number, some before the date of acquisition and some after the date of acquisition. The notification under Section 4 acquiring the land was published on 21st May, 1955, and according to the State the possession was taken on the 20th December, 1954, whereas according to the Respondents the possession was taken in November, 1954. Before the District Judge a claim was made to compensation for certain kacha structures and trees on the land but he found that there were no trees on the land and there were no structures as alleged and on that ground he disallowed the claim both to the trees and the structures.

(2.) IN the present appeal, the contention of the Additional Advocate General is that there is no justification for the enhancement of compensation from Rs. 85/ - to Rs. 125/ - per biswa whereas in cross -objections filed by the Respondents claim has been made for compensation for trees and the alleged kacha structures and in addition to this it is maintained that the compensation awarded by the District Judge is inadequate and that they are entitled to compensation at the rate of Rs. 400/ - per biswa. Before we enter upon the discussion on the merits of the matter, it will be proper to mention the objection of the Additional Advocate General based on the provisions of Sections 9 and 25 of the Land Acquisition Act. The objection is to the effect that as no claim was made by the claimants under Section 9 before the Collector they are not entitled to any enhancement over and above the coinpensation awarded by the Collector. It will be proper at this stage to set out both of the relevant provisions on which the objection is based. They are: -

(3.) THROUGH your letter No. 6746 dated the 30th August, 1955, received by the applicants on 1st September, 1955, in response to their application an award regarding the compensation of the said land under which Rs. 2,492/10/3 have been given to each of the applicants as compensation ;