COLLECTOR, LAND ACQUISITION, MANDI Vs. MAST RAM

JUDGEMENT

(1.) This is a regular first appeal filed by the appellants under Section 54 of the Land Acquisition Act, 1894, hereinafter referred to as "Ëœthe Act', against the award passed by the learned Additional District Judge, Mandi, dated 31.7.2000, in reference petition No.2 of 1993.

(2.) The first point taken by the learned Assistant Advocate General for the appellants was that the learned Additional District Judge has enhanced the compensation taking into consideration the sale deed, dated 15.12.1989, which was executed after the issuance of the Notification under Section 4 of the Act on 4.8.1989. Thus, it was submitted that since this transaction was made after the issuance of the Notification under Section 4 of "Ëœthe Act', therefore, the same could not have been relied upon. It was also submitted that the increase of 10% granted by the learned trial Court on the value of the land was also not justified and, therefore, the market value assessed is liable to be reduced considerably.The second point taken by the learned Assistant Advocate General for the appellants was that the interest has been wrongly awarded from the date of taking of possession, though the Hon'ble Apex Court has already laid down the law that the interest is not payable prior to the issuance of the notification under Section 4 of "Ëœthe Act' and as such, the appeal deserves to be allowed accordingly.On the other hand, the learned counsel for the respondents had supported the impugned judgment for the reasons given therein.

(3.) Coming to the first plea raised by the learned Assistant Advocate General for the appellant State, a perusal of the record shows that the reference petition, from which the present appeal arises, alongwith other reference petitions, was consolidated with Reference Petition No.4 of 1993, titled Prem Singh versus Collector and common evidence has been recorded in all the cases. A further perusal of the record shows that the petitioners had claimed that the market value, at the relevant time, was Rs.2.00 lac per bigha. One of the petitioners, namely, Nokhu Dass, who appeared as PW-1, had claimed that the market value of the land was Rs.4.00 lac per bigha. It had also come up in his evidence that the land was at a distance of only 1 km. from Bhojpur Bazar in Sundernagar.It had also come up in his statement that there is a High School, Dispensary, Veterinary Hospital, Post Office and some shops in their village.