STATE OF PUNJAB Vs. SURINDER KAUR

JUDGEMENT

(1.) The State of Punjab through S.D.M.-cum-Land Acquisition Collector, Kharar, Tehsil Kharar, District Mohali has brought the present revision petition challenging the order dated 17.1.2017 passed by Additional District Judge, SAS Nagar(Mohali) in Execution application No.206 dated 3.4.2015 vide which application filed by the respondent has partially been allowed.

(2.) The grouse of the revisionist is that learned Additional District Judge, SAS Nagar(Mohali) has wrongly awarded interest from the date of possession i.e. 5.11.1997, though the notification under Section 4 of the Land Acquisition Act acquiring the land of respondent was issued on 2.8.2001 and the Land Acquisition Collector had passed an award No.1 on 9.4.2003 and the compensation as per the award amounting to Rs.98,98,984/- has duly been paid to respondent before announcing the award on account of acquisition of her land. According to the version of the revisionist, State of Punjab had issued notification under Section 4 of the Land Acquisition Act on 2.8.2001 acquiring 213.10 acres of land under Section 17(1) of the said Act for construction of Reservoir area of Siswan Dam in village Siswan, Tehsil Kharar, District Ropar now District Mohali. A declaration under Section 6 was also made on 10.8.2001 and Land Acquisition Collector passed an award No.1 on 9.4.2003 awarding compensation as under:

(3.) The respondent had filed Reference Application under Section 18 of the Land Acquisition Act, which was decided by Additional District Judge, Ropar on 20.10.2007 and compensation was further enhanced to Rs.4,28,000/- per acre along with statutory benefits under Section 23 (1A), 23(2) and 28 of the Land Acquisition Act. However, no interest was ordered or awarded under Section 34 of the Land Acquisition Act to the respondent from the date of taking possession till the award.