STATE OF PUNJAB Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) Pursuant to the notification published on September 3, 1971, under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act), the State of Punjab sought to acquire 55 Kanals 1 Marla of land from the revenue estate of Phagwara, District Kapurthala at public expense for public purposes, namely, for the construction of Government Complex and residential building at Phagwara. The Land Acquisition Collector awarded compensation of the acquired land at Rs. 556/- per marla besides 15 per cent solatium. Being dissatisfied with the adequacy of the compensation awarded by the Collector, the claimants sought references under Section 18 of the Act to the Court of learned District Judge. Kapurthala. The learned District Judge, Kapurthala vide his impugned award dated February 1, 1979 enhanced the compensation of the acquired land to Rs. 850/- per marla besides allowing 15 per cent solatium and 6 per cent per annum interest from the date of their dispossession.

(2.) Being aggrieved against the enhancement of compensation of the acquired land, the State of Punjab and another have filed this appeal.

(3.) The learned counsel for the respondents at the outset raised objection that this appeal has abated due to non-bringing the legal representatives of Smt. Daropati Devi, one of the respondents, on the file within stipulated period and the civil miscellaneous Nos. 920-Cl and 921-Cl of 1980 having been dismissed in this regard on August 8, 1980 by Justice I.S. Tiwana being barred by time, Apparently it appears that the appeal has abated.