LAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Civil miscellaneous applications filed in five different Letters Patent Appeals are being disposed of as common question of law is involved. Facts are given from L.P.A. No. 740 of 1993 Lal Singh V. Union of India.

(2.) In the year 1963, land was acquired under the provisions of the Requisitioning and Acquisition of Immovable Property Act. On 22nd June, 1972. compensation was assessed under section 7(2) of the Act. The matter was referred to the arbitration of Senior Sub Judge, Faridkot. who gave his award on 24th April. 1980. First appeal from order was filed in the High Court which was decided on 21st January, 1983 by Hon'ble 'Mr. Justice I.S. Tiwana. Compensation was ordered to be paid on the rates as given in R.F.A. No. 1637 of 1976. Solatium on the market value was allowed at the rate of 15 per cent and interest at the cent. It was further mentioned that that the compensation awarded would be subject to memorandum of appeal and the Court-fee stamp paid by the appellant. Against the said decision a Letters Patent Appeal was filed in the High Court which was decided on December 13, 1983. It may be stated that different reliefs granted by Central Act No. 68 of 1984 were not allowed Compensation. However, was allowed or the market value fixed at Rs. 15,000/- per acre although in the Letters Patent Appeal claim was made at the rats of Rs. 30,000/- per acre and Court-fee was paid accordingly. On 28th March, 1986 an application under Section 151, 152 and 153 of the Code of Civil Procedure - for amendment of the judgment in First Appeal From Order as filed which was decided by Hon'ble Mr. Justice I.S. Tiwana. While giving benefit of the provisions of Central Act No. 68 of 1984, solatium at the rate of 30 per cent on the market value was allowed along with the interest at the rate of 9 percent per annum for the fist year and 15 per cent per annum thereafrer. on the basis of the decision in Som Nath V. State of Haryana, (R.F.A. No. 401 of 1983) upto the Court-fee stamp paid. This decision was given on 12th May, 1986.

(3.) For the superstructures and the trees existing on the land acquired, the collector gave the award on 7th October, 1986. It is stated that application for enhancement of the compensation is pending.