PUNJAB STATE Vs. KAMLA DEVI

JUDGEMENT

(1.) THIS judgment will dispose of Regular First Appeal No. 819 of 1985 filed by the State of Punjab as well as Cross-Objection No. 83-CI of 1986 preferred by the landowner-claimants as these arise out of the same award of the learned District Judge. Hoshiarpur, and rest on the same evidence.

(2.) IN brief, the relevant facts are that land measuring 39 kanals 16 marlas was sought to be acquired by the State Government vide notification dated December 1, 1978, published on January 19, 1979, under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'act') for the construction of a bye-pass road at Hoshiarpur. The Laad Acquisition Collector awarded compensation of the acquired land at the rate of Rs. 300/- per marla. The Collector also awarded interest at the rate of 6 per cent per annum over the market value of the acquired land for the years 1964 to 1979 on the basis of letter No. 1/26/82/lr/1/2831 dated March 9, 1983, of the State Government. The claimants being dissatisfied with the adequacy of the compensation-successfully sought reference under Section 18 of the Act to the Court of District Judge, Hoshiarpur. The learned District Judge, Hoshiarpur vide his impugned order dated February 18, 1985, enhanced the compensation to Rs. 600/- per marla besides allowing benefits of all the amended provisions of the Act Under issue No. 3 it was held that although the State Government is bound by its commitment to pay interest at the rate of 6 per cent per annum for the years 1964 to 1979, but the Court cannot enhance it as the provisions of the letter aforesaid cannot override the statutory provisions of the Act.

(3.) THE State Government being aggrieved against the impugned order of the learned District Judge, Hoshiarpur, has come up in appeal while the landowners have filed cross-objections contending that they are atleast entitled to the compensation at the rate of Rs. 2000/- per marla.