JAU RAM Vs. STATE

JUDGEMENT

(1.) Rule. To be heard to-day. The learned Advocate General waives service of the Rule on behalf of the respondents. The petitioner is an 82 year old man whose property situated in village Pulbahal, Tehsil Chopal, district Shimla, was notified for acquisition by a notification published on January 7, 1978 under S.4 of the Land Acquisition Act, 1984 (hereinafter referred to as "the Act"). The requisite declaration under S.6 was made by a notification published on Aug. 26, 1978. The award under S.11 was made on June 20, 1984. A copy of the award has been placed on the record of this proceeding and it contains a recital that the possession of the property was admittedly taken in the year 1972. Under what circumstances the possession was taken nearly six years before the property was even notified for acquisition is not clear.

(2.) Since the petitioner was not awarded compensation, although possession was taken from him as far back as 1972, he sent an application to the Chief Minister on May 25, 1984 and endorsed a copy of the said application to one of us (Chief Justice). In the copy so endorsed, a prayer was made at the foot that justice be rendered to him by ordering early payment of compensation because he was deprived of his property on which there were apple trees and thereby deprived of his source of livelihood and still no compensation was paid to him since long. In the application, the applicant mentioned that in order to obtain compensation, he had made repeated efforts, that he had to travel on foot a distance of 80 kilometers from Pulbahal to Theog in the last decade from time to time, that the case papers were sent by the Executive Engineer, Theog Division to the Superintending Engineer, II Circle, Shimla, that he was being informed that the papers were not traceable and that, therefore, his compensation could not be finalised, that he was thus being sent from pillar to post, that in his old age the strain was telling on his health and that he be awarded compensation at the earliest. In light of the facts and circumstances of the case as disclosed in the application, it was registered as a writ petition and it was listed for preliminary hearing on June 6, 1984. Notice was ordered to issue on the petition on the same day and it was made returnable to-day. Having issued Rule, we have taken up the case for hearing to-day. Since the petitioner is present in person, we have heard him and verified the facts.

(3.) On behalf of the respondents, an affidavit-in-reply has been filed by the Superintending Engineer, II Circle, Shimla. The substance of the affidavit is that as per the records, the property of the petitioner was "acquired" by the end of 1972 for the construction of a road from Neri to Phulbahal and the construction was completed by the end of 1972. The property so acquired consisted of land and house. The payment of compensation could not be made because the papers were not traceable as the "area" in which the petitioner's property was situate was transferred from Solan Circle to Shimla Circle. The award had since been made on June 20, 1984 and the payment of Compensation has been released with interest at the rate of 6 per cent per annum from the date of dispossession. Be it stated that the awarded amount aggregates Rs. 3575/- with solatium and interest at the rate of 6 per cent per annum from 1972 to 1984.