COLLECTOR LAND ACQUISITION Vs. DURGINDER PAL

JUDGEMENT

(1.) This regular first appeal has been directed against the award, dated 29.1.1990 of the learned Additional District Judge, Mandi, made' in Land Reference Case No. 30 of 1988

(2.) Land measuring O. 2-4 bigha belonging to the respondents, hereinafter referred to as the claimants situated in Mauza Aut, Tehsil Sadar. District Mandi, came to be acquired under the provisions of the Land Acquisition Act, 1894, hereinafter referred to as the Act, for the.purpose of widening of National Highway No. 21 in pursuance of a notification published on 1.12.1981, under Section 4(1) of the Act. The acquired land belonging to the claimants was of the category of "Ghar-mumkin Abadi" and to shop premises were located therein. The Collector, Land Acquisition, vide his Award No. 56 dated 26.3.1983 awarded compensation to the claimants for their land by assessing the market value thereof at Rs. 15,0007- per bigha. A sum of Rs. 24,864 was awarded as compensation for the shop premises existing in the acquired land. In addition, the claimants were granted solatium at the rate of 15% of the compensation as assessed by the Collector, Land Acquisition.

(3.) The learned Acquisition District Judge, on a reference having been made to him under Section 18 of the Act, allowed compensation to the claimants as under :- (a) Land Rs. 4,000 (b) Buildings Rs. 1,32,534 (c) Loss of business Rs. 18,000 In addition to the above, the claimants were allowed solatium at the rate of 30% and all other benefits admissible under the Act. Interest at the rate of 9% per annum on the enhanced amount for the first year and thereafter at the rate of 15% per annum was also allowed.