LAWS(P&H)-1995-9-159

ASRA SINGH Vs. LAND ACQUISITION COLLECTOR

Decided On September 08, 1995
ASRA SINGH Appellant
V/S
LAND ACQUISITION COLLECTOR Respondents

JUDGEMENT

(1.) In pursuance of the Notification published on 20.3.1985 under Section 4 of the Land Acquisition Act (hereinafter called 'the Act'), the State of Punjab sought to acquire the land of village Ropar Hadbast No. 44 measuring 22.34 acres which came out to be 23.62 acres after measurement for public purpose of construction of Sutlej Yamuna Link at public expense. The Land Acquisition Collector vide its award No. 129 dated 3.7.1986 awarded separate compensation for the trees grown in the acquired land. The Land Acquisition Collector awarded compensation for the following trees as indicated below :-

(2.) Being dissatisfied with the adequacy of compensation awarded by the Collector the appellant successfully sought reference under Section 18 of the Act in the Court of District Judge, Ropar. The learned District Judge, vide his judgment dated 7.8.89 enhanced the amount of compensation of 266 Eucalyptus trees from Rs. 16,305-80 to Rs. 26,600-00 and for the remaining trees from Rs. 1,1136-27 to Rs. 2,000/-. Thus the claimant was held entitled to sum of Rs. 28,600/- as compensation for his acquired trees.

(3.) In addition, the claimant was held entitled to payment of solatium at the rate of 30% of the market value besides and additional amount at the rate of 12% per annum under Section 23(1-A) of the Act. He was also held to be entitled to payment of interest as per Section 28 of the Act. Still aggrieved against the judgment of the District Judge, Ropar, the claimant has filed an appeal in the High Court under Section 54 of the Act.