Kuldeep Agricultural Workshop vs The State of Punjab

Jawahar Lal Gupta, J.—On December 21,1979 the State of Punjab issued a notification u/s 4 of the Land Acquisition Act, 1894 for acquisition of seventy acres of agricultural land. The appellant owned four kanals of land. He was running a factory thereon, He was awarded compensation for the land. In respect of the super-structure, the Collector had given the award on February 23, 1983. A compensation of Rs. 35,134.84 paise was awarded. This award was affirmed by the learned Additional District Judge, Faridkot. The appellant filed an appeal in this Court. Vide order dated February 16, 1990, the learned Single Judge held that the value of the super-structure was Rs. 86,275.62 P. It was further held that the appellant shall be entitled to a sum of Rs. 25,170/-on account of the loss caused by the closure of the business. Resultantly, the total compensation of Rs. 1,11,445/- with solatium and interest etc. was awarded. Still not satisfied, the appellant has filed the present Letters Patent Appeal.

Learned counsel for the parties have been heard.

The grievance made by the learned counsel for the appellant is that the learned Single Judge has erred in assessing the value of the super-structure at Rs. 86,275.62P. It has been further urged that even the compensation on account of closure of business is not adequate. The claim made on behalf of the appellant has been controverted by Ms. Tuli who has appeared for the respondent.

So far as the compensation for the loss suffered by the appellant on account of business is concerned, it appears that the appellant had shown a profit of Rs. 25,170/-in the Income Tax Return for the year 1978-79. This was taken as the basis and an amount of Rs. 25,170/- was awarded to the appellant. Learned Counsel has not been bale to refer to any evidence to indicate that the appellant had suffered a loss higher than Rs. 25,170/-. So far as the value of the super-structure is concerned. It appears that during the financial year 1978-79 the appellant had shown the value of the building at Rs. 1,07,086.05P. This value having been shown by the appellant in the records and there being nothing else to indicate that the value was less than that, we consider it appropriate to award this amount to him.

Accordingly, the judgment of the learned Single Judge is modified to the extent that the appellant shall be entitled to an amount of Rs. 1,07,086.05 P. on account of the super-structure instead of Rs. 86,275.62 P. as held by the learned Single Judge. Resultantly, the total amount of money payable to the appellant by way of compensation, would be Rs. 1,32,256.05 besides the solatium and interest etc. as already awarded by the learned Single Judge. The appellant shall be entitled to proportionate costs, as well.