BORDER SECURITY FORCE Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated February 11,1988 passed by the learned Single Judge, by which the learned Single Judge allowed S.B. Civil Miscellaneous Appeal No. 104 of 1979 filed by the claimants and enhanced the compensation awarded by the learned Civil Judge and also, granted solatium @ 30% and enhanced the rate of interest on the amount of compensation.

(2.) FIFTY -seven Bighas eleven Bishwas of land belonging to Balveer Singh and Raghuvir Singh bearing Khasra Numbers 1620, 1621, 1622 and 1625 situated on Mandore Road, Jodhpur was acquired by the State Government for the purpose of Border Security Force. Notification under Section 4 of the Land Acquisition Act (for short, 'the Act') that the land is needed for Border Security Force, was issued and published in the gazette on 22 -1 -68. The declaration under Section 6 of the Act that the land is required for public purposes, with respect to this land was issued on 24 -2 -68 and the possession over the land was taken on 10 -6 -1968. Claimants Balveer Singh and Raghuvir Singh, after the acquisition of their land, filed their claims before the Land Acquisition Officer for the grant of compensation of Rs. 4,59,008.66 p. Oct of this Rs. 2,56,687/ - were claimed as the cost of the land, Rs. 1,02,921/ -were claimed as the cost of the building and construction raised on the land, Rs. 81,400/ - were claimed as the cost of the trees, Rs. 10,000/ -were claimed as the cost of manure used for agricultural purposes and Rs. 14,000/ - were claimed as the general damages. The Land Acquisition Officer, Jodhpur, by his Order dated 23.6.69 awarded the compensation with respect to the cost of land amounting to Rs. 52,650/ -, the cost of the building and construction at Rs. 61,347.96p. and cost of manure at Rs. 7500/ -. The compensation for the cost of the trees was not determined at that time, which was later -on determined by the Land Acquisition Officer by its Award dated 31.7.69 and the Land Acquisition Officer awarded the compensation of Rs. 8515/ - as the cost of the trees. The Land Acquisition Officer, however, dismissed the claim of the claimants for the award of Rs. 14,000/ - as the general damages. Thus, the Land Acquisition Officer awarded, in all, the compensation of Rs. l,30,912.94p.

(3.) AGGRIEVED with the order passed by the learned Civil Judge enhancing the compensation from Rs. 1,30,912.96p. to Rs. 2,31,967.71p., the State filed S.B. Civil Miscellaneous Appeal No. 122 of 1979 against the excessive quantum of compensation awarded by the learned Civil Judge; the Border Security Force, also, filed S.B. Civil Misc. Appeal No. 102 of 1979 hallenglng the quantum of compensation awarded by the learned Civil Judge. The claimants, also, filed S.B. Civil Miscellaneous Appeal No. 104 of 1979 challenging the inadequacy of the compensation awarded by the learned Civil Judge. The State, also, filed S.B. Civil Misc. Appeal No. 125 of 1979 in which the State claimed itself to be the owner of the land and claimed that the share in the compensation may be awarded to it.