JUDGEMENT
D.V. Sehgal, J. -
(1.) THIS judgment will also dispose of Execution First Appeal Nos. 470, 471, 711 of 1986 as common questions of law and facts are involved therein.
(2.) ALL these Appeals are directed against the judgment dated 16th January, 1986 of the learned Additional District Judge, Gurdaspur, whereby he directed the Appellants in each of the appeals to refund the following amount shown against their name to the Union of India;
JUDGEMENT_52_LAWS(P&H)11_1986.htm
Each set of Appellants in the aforesaid four appeals have also been burdened with special costs of Rs. 10,000/ - and costs of the restitution application. They have been further directed to pay interest at the rate of 24 per cent per annum from the date they got the amounts above -mentioned in pursuance of the order of the Court till the date they pay back the amounts in compliance with the orders under appeal.
(3.) THE facts in brief are taken from Execution First Appeal No. 712 of 1986. In pursuance of notice No. 1475/MLRO/Reader dated 10th June, 1965 published in the Government Gazette dated 25th June, 1965 under the Requisitioning and Acquisition of Immoveable Property Act, 1952 (hereinafter referred to as the Act), the Special Land Acquisition Collector acquired land measuring 386 Kanals 11 Marias belonging to Mohinder Singh and other Appellants situated in the area of village Daulatpur. Land of various other land -owners in the same area was also acquired. In pursuance of the provisions of the Act Shri Manmohan Singh Ahluwalia, the then Senior Subordinate Judge, Gurdaspur, was appointed arbitrator for the purpose of determining the amount of compensation payable for the land acquired and the person to whom the compensation is so payable in relation to the said acquisition and to make his award. He made his award dated 28th May, 1977. He determined the market value of the land as under:
JUDGEMENT_52_LAWS(P&H)11_19861.htm
Besides making award for payment of compensation to the land -owners on the basis of the market value of the land so determined, he also directed payment of solatium to them at the rate of 15 per cent of the amount of compensation as also interest at the rate of 6 per cent per annum on the amount so assessed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.