- (1.) This misc. appeal has been filed by the appellant under Section 54 of the Land Acquisition Act, against the order and decree dated 3.12.99 passed by Civil Judge (Senior Division) Jaipur District Jaipur in Ref. Application No. 6/87 whereby the reference of respondent claimant and others was accepted and amount of compensation was enhanced. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(2.) Brief facts of the case are that the State of Rajasthan issued a Notification on 30.4.85 under section 4(1) of the Rajasthan Land Revenue Act, 1953 to the effect that it is necessary to acquire the land measuring 207 bighas and 17 biswas which includes the land of Khasra No. 30 situated in village Damodarpura, Tehsil Bassi for the purpose of laying down 400 KV Electricity Sub Station by National Thermal Power Corporation of India. In pursuance thereof the State of Rajasthan through Department of Energy issued a Notification dated 1.7.85 u/s. 6 and 17(4) of the Rajasthan through Department of Energy issued a Notification dated 1.7.85 u/s. 6 and 17(4) of the Rajasthan Land Acquisition Act, 1953. The said Notification was published in Rajasthan Rajpatra dated 3.7.85. Notices under sections 9(1) and 9(3) of the said Act were also issued. After service of the notice to the affected persons and after public notice of the intention of State Government to take possession of land, the possessions of the part of the land under acquisition was taken on spot on 8.8.85 by the Superintending Engineer (Transmission) NTPC, Jaipur. The notices under section 9(1) of the Act was issued to the claimants. The Claimants filed their claims before the Land Acquisition officer. The respondents herein submitted their claim with regard to Khasra No. 29 measuring 8 bighas and 15 biswas. The Land Acquisition Officer gave proper opportunity of hearing to all the parties. The report regarding market value of the land was also called from the concerned Tehsildar. The Land Acquisition Officer on 17.3.86 gave an award. The compensation was ordered to be paid @ 10,000/- per bigha for irrigated land and Rs. 9000/- per bigha for barani land. The compensation was also fixed for well, structures, trees etc. The claimant non-petitioner submitted an application before the Land Acquisition Officer for making reference against the award dated 17.3.86 Ref. No. 6/87 was filed by Ramdev s/o. Kanha and others on 26.4.86. The Land Acquisition Officer sent the Reference to the Civil Judge, Jaipur District, Jaipur. The Civil Judge, Jaipur District Jaipur registered the reference and gave notice to the concerned parties. The representatives of the Department submitted their replies to the reference on 4.11.95. Issues were framed on 12.7.96. On 3.12.1999 after hearing the parties the Civil Judge Jaipur District passed the award as required by Order 20 Rule 1 CPC. It was held that the claimant is entitled to compensation of the land @ Rs. 13000 per bigha for irrigated land and Rs. 12000 per bigha for barani land. It was also directed that the claimant is entitled to additional compensation @ 12% from the date of Notification to the date of taking possession under Section 23A of the Land Acquisition Act. Solatium @ 30% was also granted to the claimant. It was also directed that the claimant is entitled to interest @ 9% from the date of taking possession till the end of a year and thereafter up till the date of deposit the amount of compensation in court interest @ 15%. Compensation for the trees was also awarded. The claimants were allowed cost of Rs. 2,000/-. In these circumstances against the order of the Civil Judge, the appellant NTPC filed the present appeal.
(3.) It was argued by Mr. A.K. Bhandari, Sr. Advocate that the Civil Judge has failed to properly appreciate the provisions of section 31 and 34 of the Land Acquisition Act, 1944. It is the duty of the Collector under section 31 to tender payment of compensation to the interested persons according to award. Under section 34 it is only when the amount of compensation is not paid or deposited before taking possession Collector is to pay amount awarded with interest. There is no provision in law by which the Civil Judge could have asked the appellant to pay the amount of compensation and interest once the amount in accordance with the award has been deposited with the LAO. The burden to prove the issues 1 and 2 was on the claimants and they have not produced any evidence to prove any of these issues. The claimants have failed to produce any evidence under section 23 of the Act to show that the market value of the land is Rs. 13,000 per bigha and Rs. 12,000 per bigha for irrigated and barani land. The Civil Judge has committed serious error of law in granting interest on the additional amount of solatium. The amended provisions of section 28 of the Land Acquisition Act does not comprehend payment of interest on solatium. Interest under section 28 cannot be granted on additional amount payable to claimant under sub-section (1-A) and (2) of section 23 of the Act. Section 23(1-A) of the Act only speaks of awarding an amount at a specified rate mentioned therein on market value and does not use the term compensation. No interest can be paid on the payment payable under section 23(1-A). The Civil Judge in a similar reference by one Kana Ram awarded compensation at the rate of Rs. 10,000/- and Rs. 9,000 per bigha for all the land, but the Civil Judge has now in the present case fixed the rate of land as Rs. 13000 and Rs. 12000. The Civil Judge has committed serious error in granting interest @ 9% from the date of taking possession and 15% thereafter till the deposit of compensation in court. The Civil Judge has not properly considered and gave finding on issues 3, 4, 5 and 6. The Civil Judge has committed error in granting cost of Rs. 2,000/-.;