GUR LAL SINGH Vs. UNION OF INDIA
LAWS(P&H)-2003-10-80
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 29,2003

Gur Lal Singh Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

ASHUTOSH MOHUNTA, J. - (1.) THE claimants have filed the present appeal against the judgment of Additional District Judge, Bathinda dated 8.11.1988.
(2.) BRIEFLY , the facts of the case are that vide notification dated 22.2.1984 issued under Section 4 of the Land Acquisition Act (for short 'the Act') followed by a declaration under Section 6 of the Act (both published on 2.3.1984), the land of the appellants was acquired by the Union of India for the public purpose, namely, for the provision of Code Line in Phus Mandi and Kartar Singh Wala in connection with defence work around Phus Mandi. The Land Acquisition Collector, Jalandhar vide his award dated 22.5.1985 determined the compensation in the following manner :- Nehri Rs. 24,000/- per acre. Barani Rs. 14,000/- per acre. Gair Mumkin Khal & Gair Mumkin Pahi Rs. 11,000/- per acre. Besides the above, statutory benefits under the Act were also awarded. Dis-satisfied with the award of the Land Acquisition Collector, the claimants filed application under Section 18 of the Act before Additional District Judge, Bathinda for determination of the compensation.
(3.) THE Additional District Judge, Bathinda vide his judgment dated 8.11.1988 determined the compensation of the acquired land in the following manner :- "In view of the findings given on the issues framed reference No. 60 which relates to trees is dismissed being without merit as no change in the price of the trees as awarded by the Collector is called for while all other references are accepted to the extent given below but without costs and market value of the land the applications are determined as under :- Nehri @ Rs. 27,600 per acre as against Rs. 24,000/-. Barani @ Rs. 16,100/- per acre as against Rs. 14,000/-. Gair Mumkin Khal @ Rs. 12,650/- per acre as against Rs. 11,000/-. Gair Mumkin Pahi @ Rs. 12,650/- per acre as against Rs. 11,000/-. Solatium at the rate of 30% on the enhanced amount of compensation; Other sums at the rate of 12% per annum on the enhanced amount of compensation as provided u/s 23(1-a) of the Act; Interest at the rate of 9% per annum for the first year from the date of acquisition and thereafter at the rate of 15% per annum, apart." ;


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