STATE OF PUNJAB Vs. HARI DASS

JUDGEMENT

(1.) THE appellant is in appeal before this Court against the award of the learned Court below, whereby on account of acquisition of house on the land acquired by the State, a sum of Rs. 66,718/- was granted as compensation and Rs. 1,900/- was granted on account of loss of business and rental income.

(2.) BRIEFLY , the facts are that vide notification dated 19.3.1981, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Punjab acquired the land in question situated in Village Dholbaha for the construction of Dholbaha Dam Reservoir. The same was followed by notification dated 6.7.1981 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide his award dated 21.1.1982, awarded compensation of Rs. 55,725/- for the house situated on the acquired land and Rs. 1,000/- towards loss of business, making a total of Rs. 56,725/-. The learned Additional District Judge, on reference under Section 18 of the Act, enhanced the compensation to Rs. 66,718/- for the acquisition of house of the land owner. In addition to this, benefit under Section 23(1-A) of the Act in the form of 12% of the market value of the land from the date of notification under Section 4 of the Act to the date of award or the date of dispossession, whichever was earlier, was also granted.

(3.) ON the other hand, learned counsel for the landowner submitted that as against the claim of Rs. 82,598.57 on account of acquisition of the super structure on the acquired land, he was merely granted Rs. 55,725/- by the learned Collector and it was only in reference that a small enhancement was made and the compensation was assessed at Rs. 66,718/-. Though even that compensation was not in terms of the costs incurred by the landowner on the construction, but still feeling satisfied with the same he did not file any appeal. Otherwise, on the basis of the evidence on record, the enhancement could very well be sought. He further referred to the order passed by the learned Court below where the entire evidence led by the landowner with regard to cost of construction has been considered threadbare for arriving at a figure of Rs. 66,718/-. As regards the loss on account of business and rental income, the submission is that merely Rs. 1,000/- was granted by the Collector, which was enhanced to Rs. 1,900/-. However, as regards the award of 12% of the market value under Section 23(1-A) of the Act is concerned, he does not dispute that in terms of the legal position, the landowner was not entitled to that benefit.