STATE THROUGH COLLECTOR LAND ACQUISITION Vs. PROBODH CHANDER

JUDGEMENT

(1.) THIS appeal is directed against the decree dated 31.1.1995 passed by District Judge, Rajouri on a reference 'under Section 18 of the Land Acquisition Act.

(2.) SETTING in facts of the case, land aggregating three kanals one marla contained in Khasra Nos. 417/min and 474/min located in Rajouri was acquired for a public purpose (construction of road) and the Collector, Land Acquisition assessed the market rate of the land at Rs. 21,500 per kanal and jabrana at the rate of 15% as per his two awards one dated 9.2.1985, whereby owner's land measuring two kanals six marlas under Khasra No. 474/min and other award dated 16.11.1985, whereby owner's land measuring 15 marlas under Khasra No. 417/min, were acquired. The land owners, after receiving the compensation awarded by the Collector under protest on 17.3.1987, approached the Collector with an application under Section 18 of the Land Acquisition Act, who made reference to the District Judge, Rajouri for determining the amount of compensation. The District Judge, Rajouri by impugned judgment enhanced the amount of compensation from Rs. 21,500 to Rs. 1,00,000 per kanal alongwith jabrana at the rate of 15% and interest at the rate of 4% per annum from the date of notification under Section 15 of the Notification Act till payment.

(3.) WHEREAS , on the other hand, respondents -land owners by filing Cross Appeal No. 79/1996 have prayed for modification of the award and grant of interest on the awarded amount with 15% jabrana at the rate of 10% per annum instead of 4% per annum from 16.11.1985, when the possession of land was taken as provided under Section 35 of the Land Acquisition Act and as amended by Act No. XX of 1988.