STATE OF PUNJAB Vs. HUKAM SINGH

JUDGEMENT

(1.) THE only point which arises for adjudication in this appeal is whether the provisions of Section 23(1-A) of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act') can be applied qua an award made before 30.4.1982.

(2.) THE facts necessary for deciding the case are that the land measuring 57 Bighas situated in the revenue estate of Nabha, which included the respondents' land, was acquired by the Government of Punjab in 1978 for extension of New Grain Market, Nabha. Possession of the acquired land was taken on 30.1.1978. The Land Acquisition Collector gave his award on 27.3.1978. He assessed the market value of the land of Rs. 25,000/- per acre. The reference application filed by the land-owners was dismissed by the learned District Judge, Patiala. However, in the Regular First Appeal No. 19 of 1983 filed by them the learned Single Judge fixed the market price of the acquired land at the rate of Rs. 1,000/- per Marla. Simultaneously, he ordered payment of 30% solatium with interest at the rate of 9% per annum from the date of taking of possession till the expiry of one year and at the rate of 15% per annum for the subsequent period till the date of actual payment. The learned Single Judge further held that the claimants would be entitled to additional amount of 12% per annum from the date of publication of notification under Section 4 of the Act.

(3.) FOR the reason aforestated, we allow the appeal and set aside the direction given by the learned Single Judge for payment of solatium and compensation but at the same time we direct that the respondents shall be entitled to the benefit of Section 23(1-A) of the Act qua the amount of enhanced compensation awarded by the learned Single Judge. Appeal allowed.