MAYA DEVI Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) In pursuance of the notification published under Section 4 of the Land Acquisition Act, 1894 , on July 28, 1978, 5.46 acres of land within the revenue estate of village Dadu Majra was acquired by the Union Territory of Chandigarh for the construction of water works scheme for Chandigarh. The Land Acquisition Collector, after hearing the claimants, including the applications in the two civil miscellaneous applications, determined the market price of the acquired land on the basis of agricultural land ranging between Rs. 46.50 per acre and Rs. 20000/- per acre depending upon its quality. As the claimants did not feel satisfied with the adequacy of compensation, they sought various references under Section 18 of the Act, and as a result thereof, the Land Acquisition Court, Chandigarh, enhanced the rate of compensation at a flat rate of Rs. 37,000/- per acre, Still not satisfied with this rate of compensation, the two applicants preferred R.F.As Nos. 2321 and 2323 of 1980 before this Court.

(2.) After admission, and on consideration of the entire matter, the learned Single Judge by his order dated December 9, 1981, enhanced the rate of compensation to Rs. 40,000/- per acre with statutory solatium and interest at 15 per cent and 6 per cent, respectively, on the enhanced amount of compensation. Still not satisfied, the applications preferred Special Leave Petitions before the Supreme Court, which were allowed and the case were remanded to this Court for disposal by a Division Bench, to be decided in accordance with the observations made by that Court.

(3.) On remand, the Division Bench came to the conclusion that the compensation awarded to the applicants was to be enhanced and calculated at a flat rate of Rs. 62,000/- per acre instead of Rs. 40,000/- per acre, as had been done by the learned Single Judge. The learned Judges further directed that besides the enhanced compensation, the claimants were also entitled to solatium at the rate of 30 per cent and interest at the rate of 9 per cent for one year from the date of taking possession and thereafter upto the date of payment at the rate of 15 per cent.