PRAHLADI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Rajasthan Land Acquisition Act, 1953 (here in after referred to as the Act) filed by the claimant, Prahladi Devi and Ors. against the order dated 25th March, 1972, in Land Acquisition Reference No. 69, 1970, by the learned Civil Judge, Jaipur City, Jaipur.

(2.) BRIEFLY slated the facts of the case are that the proceedings for acquisition of land in village Bhojpur and chak Sudarshanpura for planned development of Jaipur City were initiated at the instance of the Secretary, Urban Improvement Trust, Jaipur. The Government of Rajasthan issued Notification dated May 13, 1960, under Section 4 of the Act. After taking further steps as prescribed, the notification under Section 6 of the Act, dated May 3, 1981, was also published. Notices were duly served on the claimants The claimants submitted the details of their claims. The claimants claimed a sum of Rs. 150,575 00. The Land Acquisition Officer by his order dated January 9, 1964, gave his award in favour of the claimants for a sum of Rs. 18,594/ -. The Land Acquisition Officer awarded compensation for chahi land measuring 5 bighas 3 biswas at rate of Rs. 3,000/ - per bigha amounting to Rs. 15,450/ -, for the land ghairmumkin rasta and ghairmumkin dhora the compensation amounting to Rs. 540/ - was allowed. A sum of Rs. 1708/ -was allowed for pumping sets. Thus, the compensation totalling to Rs. 18,594/ - was awarded by the Land Acquisition Officer. Dissatisfied with the Award made by the Land Acquisition Officer, the claimants moved an application for making a reference under Section 18 of the Act to the learned Civil Judge, Jaipur City, Jaipur, who by his order dated March 25, 1972, confirmed the award and rejected the claim made by the claimants before him. The claimants, however, were not satisfied with the order passed by the learned Civil Judge and have consequently filed this appeal.

(3.) SHRI Kasliwal, learned Counsel for the appellants submitted that one of claimants, whose land was also acquired by the Government under the said Notification and aggrieved by the order passed by the learned Civil Judge in Land Acquisition Reference No. 3 of 1966, filed a D.B. Civil Appeal under Section 54 of the Act and the Division Bench of this Court by its order dated January 25, 1980, in D.B. Civil First Appeal No. 60 -1 -70, assessed the market value of the land in question at the relevant time at Rs. 4.000/ - per bigha. It was also submitted by the learned Counsel for the appellants that the solatium at rate of 10% on the market value of the land was also allowed. Shri Kasliwal further submitted that as per the D.B. Judgment the appellants are also entitled to get interest at the rate of 4% per annum on the total amount of compensation so awarded from the date of taking over possession of the land till the actual payment is made; but on account of the change made; in the law regarding land acquisition, the appellants are now entitled to claim solatium calculated at rate of 30% on the amount of compensation awarded to them and also interest at rate of 9% on the said amount of compensation and they are also entitled to interest at rate of 9% per annum on the enhanced amount of compensation from the date on which the State Government had taken possession of the land from them and at rate of 15% from the date of expiry of one year after the date of taking possession. In Rajasthan, the acquisition of the land is governed by the Rajasthan Land Acquisition Act, 1953. There is central law for acquisition of land under the title Land Acquisition Act, 1894. Prior to it, the title of the Act was Land Acquisition Act, 1870. It extended to the whole of British India and came into force on 1st day of June, 1870. The Act of 1894 was made applicable to the whole of India except Part B States and later on for Part B States, the expression 'the territories which, immediately before the 1st November, 1956, were comprised in Part B States' was inserted. The Central Law was further amended by the Land Acquisition (Amendment) Act, 1984. In Sub -section (2) of Section 1 of the Land Acquisition Act, 1894 for the words, figures and letters, 'the territories which, immediately before 1st November, 1956 were comprised in Part B States and,' the words 'State of Jammu and Kashmir' were substituted. The Land Acquisition (Amendment) Act, 1984 received the assent of the President on September 24 1984. The amendment had come into force on 24th September, 1984, Before the passing of the Constitution (Seventh Amendment) Act, 1956, there were three entries relating to the subject viz. Entry 33 in List I, Entry 36 in List II and Entry 42 in List III of the Seventh Schedule of the Constitution. The subject matter of acquisition falls under Entry 42 in the Concurrent List The existence of three entries in the legislative lists (33 of list I, 36 of List II and 42 of List (III) relating to the essentially single subject of acquisition and requisitioning of property by the Government gave rise to unnecessary technical difficulties in legislation In order to avoid these difficulties in legislation and simplify the constitutional position, it was proposed to omit the entries in the Union and State Lists and replace the entry in the concurrent list by a comprehensive entry covering the whole subject of acquisition and requisition of property Accordingly the previous Item No. 33 of List I and of List II are deleted and substituted by entry 42 of List III by the Constitution (Seventh Amendment) Act, 1956. After the formation of Rajasthan, the question of retaining the properties already requisitioned and the question of payment of compensation of pending cases came into fore -front. The Central Act was not adopted and the Rajasthan Land Acquisition Act, 1953 was enacted and brought into force from 14th November, 1953. The Rajasthan Land Acquisition Act, under Section 28, provides that if the sum which in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation the award of the Court may direct that the Collector shall pay interest on such excess at rate of four percentum per annum from the date on which he took possession of the land to the date of payment of such excess into Court. For awarding solatium, there is a provision under Section 23 of the Rajasthan Land Acquisition Act It provides that in addition to the market value of the land as above provided, the Court shall in every case except where a certificate has been granted under Sub -section (5) of Section 17, award a sum of ten percentum on such market value in consideration of the compulsory nature of the acquisition. According to the Land Acquisition Act, 1894, which stands now amended by Land Acquisition (Amendment) Act, 1984, the solatium is payable at rate of 30 percent, which would be evident from Section 15 of the Land Acquisition (Amendment) Act, 1984.