STATE OF PUNJAB Vs. GURU DUTT

JUDGEMENT

(1.) This appeal filed by the State of Punjab as well as R.F.A. No. 575 of 1985 filed by the landowner shall be disposed of by this order, as these arise out of the same award of the learned Additional District Judge, Amritsar, and rest upon the same evidence.

(2.) In brief, the facts are that in pursuance of the notification published on 18th August, 1978, under section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act), land measuring 738 Acres, including 4 Kanals belonging to Guru Dutt claimant, from the revenue estate of village Fatehabad, Tehsil Tarn Taran, was sought to be acquired by the State of Punjab for widening of Tarn Taran Goindwal road. The Land Acquisition Collector awarded compensation of the acquired land at the rate of Rs. 15360/- per acre by treating it to be Chani nature. Being not satisfied with the adequacy of the compensation, Guru Datt claimant sought reference under section 18 of the Act to the Court of District Judge, Amritsar. The learned Additional District Judge, Amritsar, vide his impugned award enhance the compensation of the acquired land to Rs. 35,200/- per acre, on the basis of sale-deeds Exs. A. 6 and A. 7, besides allowing 15% solatium and 6% per annum interest on the enhanced amount of compensation from his dispossession from the acquired land till its payment.

(3.) Still being aggrieved against the adequacy of compensation, the landowner has come up in appeal-R.F.A. No. 691 of 1985, while the State has filed the present appeal for restoring the award of the Land Acquisition Collector.