The Land Acquisition Collector, Industries Department, Punjab, Chandigarh vs Daljit Singh and another

Jai Singh Sekhon, J.—This order shall dispose of RFAs Nos. 1339, 1340, 1341 and 1342 of 1979 and Civil Misc. Nos. 662-CI/88, 663-CI/88 & 664-CI/88 in R.F.A. No. 1340 of 1979 and C.M. No. 665-CI/88 in R.F.A. No. 1341 of 1979, as they arise out of the same award of the learned Additional District Judge, Ludhiana, as well as the Land Acquisition Collector.

It is conceded by the learned counsel for the parties that these appeals are covered by a decision of this Court in R.F.A. No. 569 of 1979 (Kartar Singh v. State of Punjab R.F.A. No. 569 of 1979) decided on 5th August, 1980.

The perusal of the same shows that the compensation of the entire land of village Khanna, Rattan Heri and Bulepur was enhanced to Rs. 67,500/- per acre. Under these circumstances, it cannot be said that the learned Additional District Judge had awarded compensation at the rate of Rs. 50,000/- per acre. So it cannot be said by any stretch of imagination that the compensation awarded by the learned Additional District Judge was on the higher side. The State of Punjab could rest contended that the right-holders have not filed any appeal for the enhancement of compensation of their acquired land.

However, in view of the findings of a Division Bench of this Court in Union of India v. Inder Singh deceased through L.Rs. Rattan Singh & Ram Singh (1987-2) 92 P.L.R. 117, the benefit of the amended provisions of sections of 23 and 28 of the Land Acquisition Act (1 of 1894) as amended by sections 15 and 18 of the Land Acquisition (Amendment) Act, have to be given to the landowners, even they have not filed any appeal or objections to the appeals filed by the State of Punjab. Kartar Singh respondent died during the pendency of the appeals. His widow Smt. Nasib Kaur has filed an application (C.M. No. 663/CI/1988) to substitute her name as respondent being the sole heir of the deceased. She is allowed to be impleaded subject to all just exceptions.

For the foregoing reasons, all the appeals filed by the State are dismissed, but without any order as to costs. The landowners, are however, entitled to an amount equal to 12% per annum over and above the compensation from the date of notification u/s 4 of the Land Acquisition Act till the date of the pronouncement of the award by the Land Acquisition Collector or taking of the possession of the land, whichever is earlier, besides 30% solatium over and above the said compensation. The respondents shall also be entitled to 9% per annum interest on the said compensation for the first year from the date of delivery of possession of the land and 15% per annum for the subsequent years.

Civil Miscellaneous application stand automatically accepted. It is further clarified that all the respondents in these appeals shall be entitled to the benefits of the amended provisions of the Act.