STATE Vs. GULAB KAUR

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned executing Court on 13.9.1993 whereby the learned executing Court has found that the decree-holder is entitled to interest on the enhanced amount of compensation at the rate of 9% per annum 1.11.1960 to 31.11.1961 and at the rate of 15% per annum for the subsequent period till the amount is deposited in Court.

(2.) Land measuring 6 bighas and 10 biswas was acquired by way of a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), published in the State Government Gazette on 23.1.1981. Notification under Section 6 of the Act was published on 5.6.1981. The learned Land Acquisition Collector vide award dated 23.4.1985, assessed compensation at the rate of Rs.48,000/- per acre.

(3.) Admittedly, the possession of the acquired land was taken by the State Government on 1.11.1960. The Land Acquisition Collector awarded interest at the rate of 6% from 1.1.1960 to 23.1.1981. The Land Acquisition Collector also awarded an extra amount of 15% on account of compulsory acquisition and further interest at the rate 6% from 23.1.1981. Later on, in supplementary award dated 25.4.1985, the Land Acquisition Collector increased the amount of compensation on account of compulsory acquisition from 15% to 30%. The rate of interest was also raised from 6% to 9% for the period 30.4.1982 to 18.9.1984.