PRINCIPAL SECRETARY (PWD) Vs. JAI GOPAL

JUDGEMENT

(1.) By way of instant appeal, Award dtd. 13/5/2011 passed by learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. in Reference Case No. 166 of 2003, whereby the compensation amount was enhanced at the rate of Rs.30,000.00 per biswa, has been assailed by the appellant.

(2.) In 1962-63, 14 biswas 6 biswansi of land comprised in Khata/Khatauni No. 113/120 min Khasra No. 306, in mauza Kangu, Tehsil Sunder Nagar, District Mandi, H.P. owned by the respondents (hereinafter referred to as claimants) was utilized by the State for the construction of Kangu-Dhar Link Road. Neither the land of the respondents was acquired nor any compensation was paid to them. However, the State Government decided to acquire the land of the claimants at much later stage and accordingly proceedings under the Land Acquisition Act, 1894 (for short 'Act') were initiated. Notice under sec. 4 of the Act (for short, 'sec. 4 notification') was issued on 20/12/1995 and was published in 'Rajpatra' on 10/2/1996. Notice under Sec. 6 of the Act was issued on 12/4/1997. The Acquisition Collector (LAC) passed the Award on 19/9/1997. The market value of of the acquired land was assessed at Rs.26,536.00. The LAC had relied upon two transactions recorded vide mutation Nos. 340 and 353 dtd. 25/5/1995 and 5/2/1996 for arriving at the market value of the acquired land. Accordingly, a total amount of Rs.1,56,945.00 was assessed as payable to the claimants. The break-up of which is as under:

(3.) On application of claimants under Sec. 18 of the Act, the LAC referred the matter to learned District Judge, Mandi, who further assigned the same to the Presiding Officer, Fast Track Court, Mandi for disposal in accordance with law. The Reference Court passed the impugned Award whereby the market value of the acquired land was assessed at Rs.30,000.00 per biswa and the respondents were held entitled to market value of Rs.30,000.00 per biswa for the acquired land with 12% additional compensation under Sec. 23 (1-A) of the Act from the date of publication of the Sec. 4 notification till the date of Award passed by the LAC, 30% solatium under Sec. 23 (2) of the Act and interest at the rate of 9% per annum for one year from the date of notification and thereafter @ 15% per annum till realization on the enhanced compensation amount.