UNION OF INDIA Vs. SULOCHANA DEVI

JUDGEMENT

(1.) These 14 appeals have been filed by the union of india against the judgment dated May 20, 1994 passed by the learned Single Judge of this Court, disposing of 14 appeals under Sec. 54 of the Land Acquisition Act, 1894 against the awards of the learned Civil Judge, Sri Ganganagar passed during the years 1990-1991 enhancing the amounts of compensation, interest and solatium. Since the facts and law involved in all these special appeals are similar, we propose to dispose of all these appeals by a common judgment.

(2.) The facts relevant for the disposal of these appeals are not disputed. In the year 1977, about 2000 bighas of agricultural land was acquired by the union of india for the purpose of defence. Notifications under Sec. 4 and 6 of the Rajas- than Land Acquisition Act (in short, the Rajasthan Act) were issued. Possession of the land was taken on May 27,1977. The Land Acquisition Officer, Hanumangarh gave awards on March 27/29, 1979. References under Sec. 18 of the Rajasthan Act were made at the instance of the claimants in the year 1979. However, in the case of Sulochana, reference was made after about a year and appeal no. 26/91 union of india Vs. sulochana was filed against the award. In the case of Jagroop and Gorjya, references were made after about 4 years and against the awards, the union of india filed appeals No. 81/91 union of india Vs. Jagroop and Appeal No. 23/91 union of india Vs. Gorjya. Replies were filed by the union of India. The claimants produced oral and documentary evidence. Neither, the union of india nor the State of Rajasthan produced any evidence in the Court. After hearing the learned counsel for the parties, the learned Civil Judge, Sri Ganganagar enhanced the amounts of compensation besides awarding interest @ 15 % per annum and solatium @ 30% under Sec. 23(2) of the Act. He also awarded amounts @ 12 % under Sec. 23(1A) of the Act as amended by Land Acquisition (Amendment) Act, 1984 (Act 68 of 1984).

(3.) The union of india filed 14 appeals against the awards given by the learned Civil Judge, Sri Ganganagar, The appeals were heard by a learned Single Judge of this Court and dismissed vide judgment dtd. 20/5/1994. Feeling aggrieved by the judgment dtd. 20/5/1994 passed by the learned Single Judge, the union of india has filed these 14 D.B. Special Appeals under Sec. 18 of the Rajasthan High Court Ordinance, 1949.