G.S.SINGHVI, J. - (1.) THE question of law which arises for adjudication in this appeal is whether the compensation awarded by the Land Acquisition Collector under the Land Acquisition Act, 1894 (for short 'the Act') can be enhanced by the District Judge by entertaining an application under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure.
(2.) AFTER hearing Shri Dhiman, learned counsel for the appellant, we are convinced that the judgment under appeal does not suffer from any error of law warranting interference by the Appeal Bench. The facts of the case are that vide notification dated March 30, 1976, issued Under Section 4 of the Act, land measuring 54. 37 acres including 27 kanals 6 marlas of land belonging to the appellant was acquired by the Union of India. Vide his award dated 2. 3. 1978, the land Acquisition Collector allowed compensation at rates varying from Rs. 12,000.00 to Rs. 23,500/per acre keeping in view the agricultural quality of different areas. In the reference made at the instance of the appellant, the learned District Judge, Chandigarh, passed the award dated 28. 1. 1980, enhancing the compensation payable to the appellant to Rs. 33,600.00 per acre along with statutory solatium at the rate of 15% and future interest at the rate of 6% per annum. The appellant and the respondent felt satisfied with the award passed by the learned District Judge and neither of them filed appeal before the High Court. However after more than 6 years of the passing of the award by the learned District Judge, the appellant applied for review under Order 47, Rule 1 read with Section 151 of the Code of Civil Procedure had prayed for grant of compensation at par with the compensation awarded to Jagdev Singh by the learned District Judge vide his award dated 5. 12. 1985. The respondent objected to the maintainability of the application but the learned District Judge overruled the same and accepted the prayer made by the appellant for enhancement of compensation by invoking Section 28-A of the Act. Vide his order dated 4. 8. 1986, the learned District Judge directed that the appellant be paid compensation at the rate of Rs. 75,000.00 per acre along with solatium at the rate of 30% and the future interest at the rate of 12% from the date of publication of the notification Under Section 4 of the Act till the date of making of the award by the Land Acquisition Collector/date of taking over of possession of the land acquired by the department, whichever is earlier. The learned District Judge also directed that interest at the rate of 9% per annum shall be payable for the subsequent one year and 15% per annum for the remaining period till payment/deposit.
(3.) THE learned single Judge, before, whom the Union of India filed F. A. O. No. 1023 of 1986, held that the order of the learned District Judge was without jurisdiction because he could not have directed the payment of enhanced compensation by invoking Section 28-A of the Act.;