STATE OF RAJASTHAN Vs. BALDEO SINGH

JUDGEMENT

(1.) THE above revision petitions arise out of the order dated 9 -2 -1983 passed by the District Judge, Jodhpur, whereby, the learned District Judge allowed the appeals of the claimants under Section 54 of the Rajasthan Urban Improvement Trust Act, 1958 (hereinafter referred to as 'the Act') and awarded compensation at rate of Rs. 5.50 per sq.ft. and further ordered to pay interest at rate of 6 percent per annum with effect from 10 -10 -1974 upto the date of the payment of the compensation modifying the Award passed by the Additional Collector, Jodhpur, who determined the compensation at rate of Rs. 150 per sq.ft. by his Award dated 18 -4 -1980.

(2.) THE land of claimants was acquired under Section 52 of the Act and proceedings were initiated by the Additional Collector, Jodhpur. The claimants filed their claims, which were tried by the Additional Collector, Jodhpur. The Collector proceeded to determine the amount of compensation considering that the land is undeveloped land and land acquired is a large chunk or tract. He relied upon the bid -sheet (Ex.A/3) in which the bidders gave the bid at rate of Rs. 8.25 to Rs. 14.25 per Sq.fts. and further considered that the sale deeds which have been produced by the claimants are of developed areas, in which, roads have already been constructed. So on consideration of the above material, determined the amount of compensation at rate of Rs. 1.50 per sq.ft. or Rs. 13.50 per sq.yds. Solatium was refused to the claimants on the ground that there was no provision for payment of solatium under the Act. Dissatisfied with his Award passed by the Additional Collector, the claimants prefered appeals before the learned District Judge, who by his impugned order revised and modified the Award as stated above. Aggrieved against this order of the learned District Judge, the above revision petitions have been filed.

(3.) FIRST of all, I proceed to take the revision petitions filed by the State as well as by the UIT.