UNION OF INDIA Vs. RAMAWATAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been preferred by the Union of India challenging the order of the Civil Judge (SD), Sri Ganganagar dated 23.1.95 passed in a reference made by the District Collector under Section 18 of the Land Acquisition Act, 1894 (referred to herein after as 'the Act of 1894).

(3.) Brief facts of the case are that in total 2262.09375 acres of land situated in Suratgarh Tehsil in the State of Rajasthan was sought to be acquired by issuing notification under Section 4 of the then Rajasthan Land Acquisition Act,1953. This notification was issued on 10,7.79. Then declaration under Section 6 was issued on 17.1.80. The award was passed by the Land Acquisition Officer on 27.3.80. The learned Land Acquisition Officer determined the market value of the land in question as Rs. 8000/- per bighas for the Nahari Land (Command Area) and Rs. 4000/- per bigha for the Barani Land (Uncommand Area). The learned Land Acquisition Officer instead of determining the land value for cultivators as per their holdings calculated the value of entire land sought to be acquired in two categories and determined the compensation as Rs. 1,66,74,800/- for irrigated land and Rs. 61,40,000/- for unirrigated land. Solatium was awarded at the rate of 10% which came to Rs. 22,81,480/-. in total compensation awarded was Rs. 2,50,96,280/-. It will be worthwhile to mention here that in the award, no amount has been awarded against the interest and solatium has been awarded at the rate of 10% in view of the fact that at that time, solatium payable was at the rate of 10%. The learned Land Acquisition officer also took note of the fact that the land in question was already requisitioned on 27.5.77 under the Defence of India and Maintenance of Internal Security Act, 1971 (referred to herein after as the Act of 1971) by order dated 31.3.77 and the possession has already been handed over to the authority for whose purpose the land was requisitioned. Since the actual physical possession was not with the cultivators and, therefore, a certificate of possession was issued by the learned Land Acquisition Officer on 27.3.80 handing over the possession of the land to the authorities for which land was acquired under the Act of 1894. Meaning thereby, the land which was sought to be acquired by issuing notification under Section 4 dated 10.7.79 and for which declaration under Section 6 was issued on 17.1.80 and award was passed on 27.3.80, stand transferred and vest in the Union of India with effect from 27.3.80 and physical possession was handed over to the Union of India under the Act of 1894 from 27.3.80. Therefore, according to Union of India, possession of the land was delivered to it under the Act of 1894 on the day when the award was passed and on the same day, part of the amount was deposited for payment to the cultivators and remaining amount was paid in 3 days only.