STATE OF PUNJAB Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 1st December, 1992, passed by the Additional District Judge, Patiala. By this judgment learned Additional District Judge held that respondents landowners were entitled to the market value of the land so acquired at the rate of Rs. 108/- per square yard. It was, however, held that the landowners would be entitled to solatium at the rate of 304 and 12% per annum increase under Section 23 (1-A) of the land Acquisition Act (hereinafter referred to as the Act ). With regard to severance, the learned Additional District Judge held that the landowners were entitled to 25% of the market value of the unacquired land, but they would not be entitled to solatium under Section 23 (2) and the amount under Section 23 (1-A) of the Act on the amount of compensation on account of severance, but they would be entitled to the amount of interest on the amount of compensation in accordance with the Land Acquisition Act.

(2.) BRIEFLY stated, the facts of the case are that the State of Punjab acquired the land of the landowners under the provisions of the Act on the ground that the said land was required for constructing stores for the Food Corporation of India. The Land Acquisition Collector vide his award dated 10th January, 1989 fixed the price of the land in dispute at the rate of Rs. 580. 00 per Maria. At the instance of the landowners, reference under Section 18 of the Act was made to the learned Additional District Judge, Patiala. The learned Additional District Judge, Patiala, by the impugned judgment held that the award made by the Collector at the rate of Rs. 580/- per marla was inadequate and held that the landowners were entitled to enhanced compensation at the rate of Rs. 108/- per square yard. The aforesaid judgment has been challenged by the State of Punjab and Food Corporation of India. Cross objections have also been filed by the landowners.

(3.) MR . Sarjit Singh, learned senior counsel appearing on behalf of the' respondents submitted that it is true that the landowners did not produce any sale deed in order to prove the market value of the acquired land but Exhibit A.-l which is letter dated 6th April, 1988 written by the then Collector (DC) Patiala, to the Director Food Supplies, Chandigarh, is the legal evidence on record. This letter shows that the market rate of land acquired for FCI Godown at Nabha was approved as follows : 1. Chahi at the rate of Rs. 580. 58 per Maria. 2. Gair Mumkin Rs. 2504. 42 per Maria.