STATE OF PUNJAB Vs. POHU

JUDGEMENT

(1.) This judgment of ours would dispose of this and other R.F.A. Nos. 883 to 891 of 1984 (filed by the State) and R.F.A. Nos. 1157 to 1165 of 1984 filed by the claimants as common question of law and fact arises in all these appeals.

(2.) In order to appreciate the controversy, certain salient features of this appeal may be noticed Land measuring 326 Kanals 18 Marias was acquired within the revenue limits of village Nuhon, Tehsil and District Ropar for a public purpose, i.e. Ropar Thermal Project. Notification under S.4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in the official Gazette on January 19, 1981. Urgency powers were invoked under S.17 of the Act and possession of the land was taken in March, 1981. Notification under S.8 of the Act was also published in the Official Gazette on January 19,1981. The land owners claimed compensation for the acquired land at the rate of Rs.80,000/- per acre. The Land Acquisition Collector adopted the market rates of the land, furnished to him by the Collector, Ropar, and awarded compensation at the following rates :- <FRM>JUDGEMENT_143_AIR(P&H)_1986Html1.htm</FRM> Besides this, solatium at the rate of 15 per cent and interest at the rate of 6 per cent per annum were also awarded by the Land Acquisition Collector.

(3.) Similarly, land measuring 526 Kanals 5 Marias had been acquired earlier in village Nuhon through notification dated April 23, 1979, issued under Section 4 of the Act and published in the Official Gazette on May 11, 1979. Notification under Section 6 of the Land Acquisition Act was published in the Punjab Government Gazette on February 16, 1981. There was no dispute about the measurement of the acquired land, nor the classification of the land was disputed. In the award announced on July 22, 1981 the land owners claimed compensation at the rate of Rs. 80,000/-, but the Land Acquisition Collector awarded the compensation at the rates referred to above in the earlier part of the judgment.