STATE OF PUNJAB Vs. KARNAIL SINGH AND ORS.

JUDGEMENT

(1.) THESE three appeals (Regular First Appeals Nos. 100, 101 and 102 of 1962) arise out of the same proceedings for compensation for acquisition of property and are, therefore, being disposed of by one order. The arguments have been addressed only in Regular First Appeal No. 100 of 1962 and it is conceded that the fate of the other two appeals would follow that of this one.

(2.) IN order to understand the point raised before us, it may be stated that the Punjab Government required land for the construction of an Industrial Training School at Ludhiana and selected the land in dispute situated in village Gill for acquisition. Notification in respect of the land sought to be acquired under Section 4 of the Land Acquisition Act (hereinafter described as the Act) was issued on 22nd August, 1959. Further proceedings followed in due course. The Collector gave his award on 12th January, 1960, assessing compensation at Rs. 5,000 per acre, i.e., at the rate of Re. 1 per square yard. A sum at the rate of Rs. 15 per cent on account of compulsory acquisition charges was also allowed -Reference under Section 18 of the Act was made and the learned Senior Subordinate Judge exercising the powers of Land Acquisition Court on 22nd December, 1961 increased the amount to Rs. 10,000 which works out valuation at the rate of Rs. 2 per square yard.

(3.) THE learned Counsel, however, very strongly urged the objection covered by issue No. 2 that the claimants had not stated the nature of their interest in the land and the amount and particulars of the claims to compensation for such interest as contemplated by Section 9 of the Act and that, therefore, by virtue of Section 25(2) the Land Acquisition Court had no jurisdiction to enhance the amount awarded by the Collector. It would be helpful here to read Sections 9 and 25(2) of the Act: