RAGHBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of two cross-appeals Regular First Appeal No. 291 of 1961 (Raghbir Singh v. Union of India) and Regular First Appeal No. 297 of 1961 (Union of India v. Raghbir Singh) which have been directed against the same award made by the District Judge, Ambala, on May 2, 1961.

(2.) THE matter concerns the quantum of compensation payable to Raghbir Singh claimant for the acquisition of his brick-kilns. The President of India issued notification No. 4/e, dated March 1, 1957, under Section 4 of the Land Acquisition act, 1894 (hereinafter called the Act), for the acquisition of certain land mentioned in that notification. Thereafter, another Notification No. 6/e, dated March 2, 1957, under Section 6 of the Act was issued. Emergency provisions of Section 17 were invoked and the filing of objections under Section 5-A was dispensed with. The claimant Raghbir Singh filed his claim under Section 9 of the Act claiming the sum of Rs. 2,10,100/ -. The Collector asked for a report from the Revenue Assistant who recommended the payment of Rs. 26,254/-by way of compensation and 15 per cent, solatium thereon. The Collector, however, rejected the claim of the claimant in its entirety by his order August 3, 1959. The claimant filed an application under Section 18 of the Act requiring the Collector to refer the matter of compensation payable to him to the District Court for determination. In that application, the amount of compensation claimed was Rs. 1,07,475/- under the following heads and interest thereon:--

(3.) AFTER recording evidence and hearing arguments, the learned District Judge allowed the sum of Rs. 8,700/- by way of compensation and 15 per cent, solatium thereon. The interest at the rate of 6 per cent, per annum on the aggregate amount was also directed to be paid from the date of taking possession of the acquired land to the date of actual payment. The learned District Judge awarded rs. 950/- under issue No. 6, Rs. 6,000/- under issue No. 7, Rs. 1,250/-under issue No. 8, Rs. 500/- under issues No. 11 and rejected the claims under other issues. The claimant has filed his present appeal claiming the amount of Rs. 98,775/-, that is, the difference between the amount claimed and the amount allowed to him by the District Judge. On the other hand, the Union of India has filed the appeal challenging the award of Rs. 8,700/-made in favour of the claimant.