UNION OF INDIA Vs. ASKET SINGH

JUDGEMENT

(1.) THIS order will dispose of two cross appeals bearing FAO Nos.2307 of 1998 filed by Union of India and 2673 of 1998 filed by land owners. For facility of reference, facts are being taken from FAO No.2307 of 1998.

(2.) CHALLENGED in the present appeal is the award dated 8.5.1998 passed by the Arbitrator (learned District Judge, Gurdaspur), whereby the value of the land acquired under the Requisition and Acquisition of Immovable Properties Act, 1952 (for short, 'the Act') by the Union of India was determined to be Rs.150/ - per marla. In addition to this, solatium @ 30% and interest @ 9% per annum for the first year and @ 15% per annum thereafter was also ordered to be paid from the date of acquisition till its realization. The brief controversy is that the land in question which is stated to about 28.856 acres i.e. 29 acres situated in village Jammu Kaliari, Tehsil Pathankot was acquired by the Union of India for military purposes i.e. construction of Jammu and Kashmir Highway on 26.3.1964 as per gazette notification dated 3.4.1964. The petitioner claimed before the Arbitrator that the value of the land is Rs.1000/ - per marla. They also claimed compensation for the trees, haveli, cow shed and persian wheels.

(3.) THE Arbitrator, after discussing the evidence, passed the above noted award.