JUDGEMENT
D.C. Dalela, J. -
(1.) The Indian Oil Corporation laid pipe lines between different States for carrying the petroleum products. This appeal pertains to the land acquired for Sayala Mathura pipe lines. The land admeasuring 24 Bighas and 4 Biswas was acquired for the construction of the Pump Station at Abu Road through Government of Rajasthan. The land was owned by ten different owners. The instant appeal in hand pertains to the compensation determined in the case of respondent Nitin Bhai, who is one of the owners whose land is acquired. The land was acquired in October, 1978 and the Land Acquisition Officer made the award on 30-12-80. At the request of the appellant, the District Collector, Sirohi referred the award for reference on 20-1-82. On such reference the Civil Court made the award on 14-1-94. The Civil Court awarded solatium under Section 23(2) of the Land Acquisition Act, 1894 at the rate of 30% and interest at the rate of 9% for the period from 14-10-78 to 14-10-79 and the interest at the rate of 15% per annum from 15-10-79 to 14-1-94 and further interest at the rate of 15% from 15-1-95. The Trial Court also enhanced the amount of compensation towards the costs of trees. The appellant felt aggrieved by the Civil Court awarding enhanced solatium and the interest and enhanced amount of compensation towards the costs of trees. Hence this appeal has been filed.
(2.) At the request of the learned counsel for both the sides the arguments on the merit of the appeal at this stage of admission have been heard.
(3.) The Land Acquisition Act, 1894 was extended to the State of Rajasthan on 24th September, 1984 and the Rajasthan Land Acquisition Act, 1953 was repealed on the date of examination. The Land Acquisition (Amendment) Act, 1984 (hereinafter referred as Amendment Act of 1984) has enhanced the rate of solatium from 15% to 30% by making amendment in Section 23(2) of the Principal Act. Similarly the rate of interest has been raised from 6% to 9% by making the amendment in Section 28 and 34 of the Principal Act. The Amendment Act of 1984 came into force w.e.f. 24-9-84. Section 30 of the Amendment Act provides the transition provision.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.