STATE OF HARYANA Vs. JOGINDER KUMARI

JUDGEMENT

(1.) THIS appeal under Clause X of the Letters Patent is directed against judgment dated 27.2.1989 vide which the learned Single Judge while dismissing Regular First Appeal No. 2459 of 1980 filed by the appellant under Section 54 of the Land Acquisition Act, 1894 (for short, 'the Act'), declared that the respondent is entitled to statutory benefits under amended Sections 23(1-A), 23(2) and 28 of the Act.

(2.) A perusal of the record shows that vide notification dated 20.9.1977/1.11.1977 issued under Section 4 of the Act and notification dated 9.5.1978 issued under Section 6 thereof, the State Government acquired 2.88 acres of land situated in village Manka Manki, Tehsil and District Ambala including 1 kanal 10 marlas land belonging to respondent-Joginder Kumari for a public purpose, namely, construction of Ambala-Jagadhari Road upto Azizpur. Land Acquisition Collector, Ambala, P.W.D., B&R Branch (hereinafter described as 'the Collector') determined the compensation payable to the land owners at the following rates:-

(3.) AFTER affording opportunity to the parties to adduce oral as well as documentary evidence and hearing their counsel, Additional District Judge, Ambala vide his award dated 28.8.1980 enhanced the compensation payable to the respondent from Rs. 9,920/- per acre to Rs. 12,000/- per acre. She was also held entitled to costs of the reference and solatium at the rate of 15% and interest at the rate of 6% per annum on the enhanced compensation.