RAJA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) For the purpose of establishing New Mandi Township at Amarkot, the Government of Punjab acquired 241 kanals 19 marlas land of village Valtoha and 1 kanal 19 marlas of land of village Mehmudpur. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 7.10.1980 (published in the gazette dated 13.10.1980) vide award dated 28.5.1982, the Land Acquisition Collector granted compensation in the following manner: For 20 karams deep belt along the road Rs. 60,000/- per acre For remaining land Rs. 20,000/- per acre.

(2.) The landowners filed 15 reference applications for enhancement of compensation. The learned Additional District Judge, Amritsar clubbed these applications and disposed them of by a common judgment dated 19.12.1984. He enhanced the compensation in respect of the land falling within 20 karams belt from Rs. 60,000/- per acre to Rs. 76,000/- per acre. The judgment of the Reference Court was challenged by the claimants who filed appeals for further enhancement for compensation. The State of Punjab also filed appeals for quashing the enhanced compensation awarded to the landowners. By a detailed common judgment dated 1.4.1987 rendered in Regular First Appeal No. 296 of 1985, Parbandhak, Mandir Mata Vaishno Devi, village Valtoha, District Amritsar v. State of Punjab, the learned Single Judge dismissed the appeal, filed by the State of Punjab and partly accepted those filed by the landowners by directing the payment of compensation at the following rates : For 20 karams belt Rs. 96,000/- per acre For rest of the land Rs. 30,000/- per acre

(3.) In Regular First Appeal No. 609 of 1985, the learned Single Judge awarded additional compensation amounting to Rs. 59,159/- for the constructed house. He also awarded 30% solatium on the market price and interest at the rate of 9% per annum for the first year from the date of taking of possession and 15% per annum for the remaining period. An additional amount of 12% of market price from the date of publication of notification under Section 4 of the Act as also been granted to the claimants.