J.S.NARANG, J. - (1.) THE aforesaid appeals have been filed by the claimants for seeking enhancement of compensation and the Union of India has also filed appeals for reduction of compensation as awarded by the Arbitrator.
(2.) THE aforesaid FAOs would stand disposed of by the instant judgment as the points at issue raised in all the aforestated appeals filed by the claimants and also those filed by Union of India, where reduction has been claimed, are common. The similar fact is that agricultural land measuring 398.81 acres had been acquired under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as "the Act"). The aforesaid land comprises of the land falling in different villages i.e. Village Dholewal-measuring 116.421875 acres; Sherpur Khurd-84.65625 acres, Sherpur Kalan-2.09375 acres, Dhaba-177.671875 acres and Gill-17.97343 acres. The respective area of the agricultural land belonging to the appellants in the aforesaid appeals fell in the aforesaid villages. The total recurring compensation amounting to Rs. 5,34,177.90 annually for the total area measuring 398.81 acres was paid up to the date of requisition i.e. March 9, 1987. The recurring compensation had been assessed at different rates depending upon the nature of the agricultural land as per the provisions of the Act, as tabulated below :- Sector Area Rate per acres A 74.00 acres Rs. 1500/- B 140.50 acres Rs. 1400/- C 52.82915 acres Rs. 1300/- D 131.50 acres Rs. 1200/-
(3.) THE aforesaid land so requisitioned continued to be in possession of the Army authorities since 1950/1952. Subsequently was acquired by exercising the powers under Section 7 of the Act. Notification dated March 9, 1987, issued in Form J was duly published in the State Gazette which came to be the date of acquisition i.e. March 9, 1987. It is the averment of the acquiring authority that the owners of the agricultural land had not constructed any structure on the land in question. However, the Union of India constructed the buildings, roads as per the requirement of the defence authorities. The Union of India (defence authorities) computed the compensation as per Section 8(3) of the Act in regard to the property, the requisitioning of which had already been made, by keeping in view that the land in question remained in the same condition as it was at the time of requisitioning of the land. The market value was assessed; the capitalized value of the land based on its rental value was worked out approximately 20 x 12 = Rs. 24000/- per acre. The recurring compensation was being paid @ Rs. 1200/- per acre. However, the higher compensation was worked out by applying the aforesaid principle which varied from Rs. 1200/- to Rs. 1500/- per acre, depending upon the nature and situation of the land which had been accepted by the claimants from time to time without any protest.;