RAGHUVEER SINGH Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) A limited controversy is involved in the present writ petition and is as to whether in land acquisition proceedings in respect of acquisition of land which were pending under the Rajasthan Land Aquisition Act, 1953 (for Short the State Act) on 30th day of April 1982, the day of introduction of Land Acquisition Amendment Bill in the House of People, though the award under the State Act was given before the extension of the Land Acquisition Act, 1894 (for Short, the Central Act) to this State on September 24, 1984, the person in whom the land was vested and whose land was acquired is entitled in interest Under Section 3 of the Central Act and solatium Under Section 23(2) of the Central Act, the question is also as to whether the amount of 12% p.a. on the market value as awarded Under Sub -section (1 -A) of Section 23 of the Central Act is a part of compensation or interest ? If it forms part of compensation whether the cliamant is entitled in interest on the aforesaid amount ?

(2.) THE facts are simple and are not disputed and they are these. A notification Under Section 4(1) of the State Act was published on January 13, 1982, in respect of total land of 2570 beghas and 15 biswas of villages of Tehsil Sanganer, District -Jaipur for housing scheme of the Rajasthan Housing Board, respondent No.1. In the aforesaid land, agricultural land bearing khasra No. 177 measuring 50 bighas belonging to the petitioner was also included. In view of the urgency, the State Government in exercise of his powers Under Section 17(4) of the State Act dispensed with the compliance of the provisions of Section 5A of the said Act. The land was acquired under emergency powers and direction was given to take the possession, which possession was taken on May 24, 1982. Thereafter, a notice Under Section 9 of the State Act was issued on June 7, 1982 to file claim for compensation and the petitioner filed his claim for compensation alongwith evidence in upport thereof. Ultimately, vide his award dated June 29, 1983, the Officer on Special duty awarded a total sum of Rs. 10,94,036/ -to the petitioner. The petitioner thought that the award was not in accordance with the then prevailing market value of the land and therefore he filed an application Under Section 18 of the Central Act before the Land Acquisition Officer for making the reference to the court and the reference is still pending in the court. The amount of Rs. 10,94,036/ - was received by the petitioner from the Housing Board on July 2, 1987.

(3.) THE Land Acquisition (Rajasthan Amendment) Act, 1987 (for short, the Rajasthan Amendment Act) was promulgated by the Governor of Rajasthan and Section 56 was added after Section 55 in the Central Act. Sub -sections (8) and (9) of Section 56 as addedd by the Rajasthan Amendment Act are reproduced here which read as under: (8) In a proceeding where the amound of compensation has been determined before the commencement, of the Land Acquisition (Rajasthan Amendment) Act, 1987, whether by the Collector or by the Court the amounts in addition to the market value of the land as specified in Sub -section (1A) and Sub -section (2) of Section 23 shall be further paid, after adjustment of any sum paid earlier under the said Sub -section, by the Collector to the persons to whom compensation was payable or paid. These amounts shall be payable in every proceeding and in regard to every award as specified in Sub -sections (1) and (2), of Section 30 of the Land Acquisition (Amendment) Act, 1984 (68 of 1984). (9) Where, in the cases as specified in Sub -sections (2) and (3) of Section 30 of the Land Acquisition (Amendment) Act, 1984 (68 of 1984) interest is payable or has been paid under Section 28 or Section 34, the amount of such interest shall be redetermined and paid after adjustment of any sum paid earlier under the said sections by the Collector at the respective rates specified in and in accordance with the provisions of the said sections as amended by the said Act.