LAC AND ANOTHER Vs. BACHITTER SINGH

JUDGEMENT

(1.) By this judgment, two appeals, particulars of which appear in the title of this judgment, are being disposed of by a common judgment, as both of them arise out of the same award, i.e. award dated 17.5.2001 of learned District Judge, Mandi, whereby rejecting the prayer of land owners for enhancement of compensation, a direction has been given to the Land Acquisition Collector to pay interest @ 6% per annum on the amount of compulsory acquisition charges from Whether reporters of the local papers may be allowed to see the judgment, the date of dispossession to the date of payment of the said charges.

(2.) One appeal, RFA No.323/2001, was filed by one of the land owners, namely Bachitter Singh, who died during the pendency of the appeal and whose estate is represented by his legal representatives, who were substituted, vide order dated 12.3.2009. Second appeal, RFA No.37 of 2002, has been filed by the Land Acquisition Collector in which the order of the learned District Judge, directing him to pay interest @ 6% per annum, on the amount of compulsory acquisition charges, has been assailed.

(3.) Facts relevant for the disposal of the appeals may be noticed. Certain land of deceased appellant Bachitter Singh, one Parwati Devi and one Lajan Devi, situate in village Sarkaghat, had been utilized for construction of Sarkaghat- Maseran road, some time in the year 1977. Notification for acquisition of the said land was, however, issued on 4.1.1991 and was published in the Rajpatra on 9.2.1991. Land Acquisition Collector determined the compensation, vide award dated 6.9.1993. He assessed the market value of the acquired land at the following rates:- Rs.9,85,345/- per hectare for Barani Aval kind of land Rs.7,90,800 per hectare for Baran Doem kind of land Rs.12,63,260/- per hectare for Bagicha Barani Faldar Rs.1,89,480/- per hectare for Banjar Kadeem land.