MATU RAM Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) The Union Territory of Chandigarh acquired 8.58 acres of land in village Dadu Majra, within the Union Territory of Chandigarh vide notification published on May 30, 1980, for rehabilitation of victims of kumhar colony of Sector 25, Chandigarh. The Land Acquisition Collector vide award dt. June 23, 1980, awarded compensation at the rate of Rs. 33,000/- per acre. On a reference under S.18 of the Land Acquisition Act, the District Judge vide his order dt. June 2, 1983, enhanced the compensation to Rs. 76,000/- per acre. Aggrieved, the tenure-holders came up in appeal before this Court. Learned single Judge by his judgment dt. Aug. 27, 1984, allowed the appeal and determined the market value of the acquired property at the rate of Rs. 80,000/- per acre. He further directed that they shall be paid solatium at the rate of 15 per cent and interest at the rate of 6 per cent from the date of taking possession till payment thereof.

(2.) The tenure-holders then filed Letters Patent Appeal claiming that the market value of the property be raised to Rs. 1,00,000/- per acre. This Letters Patent Appeal, was, however, dismissed by a Division Bench by an order dt. Jan. 17, 1985.

(3.) After the decision of the said Letters Patent Appeal, one of the tenur-holders appellant Matu Ram died. This application has been presented by the heirs of Matu Ram as also by the remaining appellants. They prayed that the order passed by the Division Bench on January 17, 1985, be modified, granting thereby the benefit of enhanced solatium and interest and additional compensation as envisaged by Act 68 of 1984. In substance, the prayer made by the applicants is that this Court may award to them the benefits envisaged by S.23(1-A) of the Land Acquisition Act as introduced by Act 68 of 1984, as also those of S.23(2) and S.28 as amended by Act 68 of 1984.