RAMESH DUTT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN pursuance of the notification published on October 16, 1970, under Section 4 of the Land Acquisition Act, 1894 (hereinafter called 'the Act'), the State of Punjab sought to acquire 180 acres of land from the revenue estate of Bhatinda for establishment of a residential Urban Estate. The Land Acquisition Collector awarded compensation of the acquired land at the following rates: -

(2.) BEING dissatisfied with the adequacy of the compensation awarded by the Land Acquisition Collector, the claimant sought reference under section 18 of the Act to the Additional District Judge, Bhatinda who vide his impugned order, enhanced the compensation to Rs. 10/ - per sq. yard, i.e., Rs. 48,400/ - per acre, besides allowing 15 percent solatium and 6 per cent per annum interest from the date of there dispossession. He, however, did not enhance the compensation regarding the loss of business of poultry farm being run on the acquired land on the ground that the landowner had been continuing this business illegally on this very land till the end of 1977.

(3.) UNDER these circumstances, the appellant shall also be entitled to compensation of 1200 egg laying birds at the rate of Re. 1/ - per bird per month for a period of one year, as that much time is required for setting up a new hen -shed, as per the findings of the above referred Division Bench of this Court. The appellant shall also be entitled to 30% solatium over and above this compensation, besides interest at the rate of 9% per annum for one year from the date of his shifting the poultry shed from the acquired land and 15% interest onwards till its payment. However, the appellant shall not be entitled to an amount equal to 12% per annum on this score though he shall be entitled to this amount on the market value of the (sic) land, in view of the provisions of section 23(1) of the Act. However in the peculiar circumstances of this case, there is no order as to costs.