High Court · 2011

I have heard t he learned counsel for t he part ies and have gonet hrough t he records of t he I n view of t he fact s m ent ioned above t wo quest ions det erm inat ion by t his Court in t hese appeals which Whet her t he I andowners are ent it led t o enhancem ent com pensat ion beyond Rs600001 as det erm ined by t he iearned Dist rict Judge Am rit sar vide t he im pugnedAward i Whet her award of solat ium int erest is perm issible even in cases acquisit ion of I and has been m ade t he Act of 1952 t m C4 0 0 I 9 Z Q I C3 Z 7 Z Qm So far t he first quest ion I S concerned t he claim of t he I andowners t hem selves before t he I earned Dist rict Judge Arbit rat oro was . Rashm i 2012.08.30 12: 55 True Scanned Copy Of t he Original PHHC,Chandigarh I e t hat t he I and acquired had pot ent ialit yof JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 1 Q 0 C0 I C5 I Z S I 3 Z C0 7 Z Q 57 4 4Y 4 FeAeOeNon4780 of2003 Noa 4781 of 2003 F A of 2003 FAO No 4782 of 2003 FAaOe Noa 4783 of 2003 FAO Noe 4784 of 2003 FAaOe Noa 4785 of 2003 4786 FA0I loe of 2003 and FAeOe Noe 4787 of 2003 FAO No 4788 being a buildingsit e sit uat ed in t he sulJrban area of Am rit sar had pot ent ialvalue of Rs80001 I t Not ificat ion t hus prayed by t he I andowners t hat per kanai on t he dat e of com pensat ion at I east t o t he t une of Rs80001 kanal m ay be awarded ent ire evidence I ed by t he The Dist rict Judge aft er t aking int o account t he part ies and hearingt heir I earned counsel fixed t he com pensat ion am ount payablet o t he I andowners at t he rat e of Rse60000e per acre ie akin t o t he dem and m ade by t he I andownerSe Consideringt he aforesaid fact t he value of t he acquiredI and as cannot be assessed by t he Court below ie Rs600001 fault ed wit h Quest ion Noel I S t herefore answered in favour of t he respondent s Now com ing t o quest ion No2 whet her award of solat ium int erest is perm issible acquisit ion of I and has been m ade under t he Act of 1952 t he sam e deserves t o be answered in favour of t he appellant sfor t he reasons t o be givenhereinaft er At t he out set it m ay be m ent ioned here t hat in t he case of Dilawar Sinqh and ot hers Vse Union of I ndia ot hersr JT 2010 111 SC 556 Honble Suprem e Court answered quest ion No2 fram ed in t his in favour of t he I andowners by m akingreference t o various ot her j udgm ent s of t he Honble Suprem eCourt . Rashm i 2012.08.30 12: 55 True Scanned Copy Of t he Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document r 4 58 e 05 FeAnOeN 4780 of 2003 FaAeOeNOe 4781 of 2003 of 2003 FAeOm Non 4782 of 2003 FaAn0 Noa 4783 FeAeOeNOe 4784 of 2003 of 2003 FAeOe Noe 4785 of 2003 FaAaOeNoe 4786 of 2003 and AeOe No 4787 FaAeOeNOe 4788 of 2003 1 132 e r 0 C1 I 5 I Z n 0 I C Z C0 w Z r As not iced above possession of t he I and t he appellant s had been t aken by t he respondent s on 271966 However t he I and was acquired sObsequent ly vide not ice dat ed 14 1971 pubiished in t he Punj abGovernm ent Gazet t e dat ed 2621971 As t he provisionsof Sect ion 7 of t he Act of 1952 com pensat ionon t he I ower side had been offered by t he com pet ent aut horit y sam e Since not accept ablet o t he appellant s act ion t aken t he request of t he I andowners for appoint m ent of an Arbit rat or t o det erm ine and j ust com pensat ion t he I andowners had t o Civi l Writ Pet it ion No3462 1989 in t hisCourt wherein direct ion was issued t o t he respondent s vide order Court dat ed 20121991 passed by t his t o appoint an Arbit rat or wit hin a period of t hree m ont hs from t he dat e of t he said order The respondent s t hen went t o file Special Leave Pet it ion No8396 1992 in t he Honble Suprem e Court of I ndia m aking a challenge t o t he order of t his Court dat ed 20121991 passedin Civii Writ Pet it ion No462 1989 I t aft er Honble Suprem e Court dism issed t he Special Leave Pet it ion t lled by t he respondent s dat ed 272 1995 t hat t he Court of t he Dist rict Judge Am rit sar appoint ed an Arbit rat or by t he Punj abGovernm ent Not iOcat ion dat ed 13111995 As such aft er t he I andowners had been dispossessed oft heirvaluable . Rashm i 2012.08.30 12: 55 True Scanned Copy Of t he Original PHHC,Chandigarh I and 277 1966 JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 59 4 1 1 e FAO Noa 4780 FA0 FeAeOmNoe 4782 FAO Noe 4783 FAO No 4784 No 4785 FA0 FAO Noe 4786 FeAeOeNoe 4787 4788 FA04o of 2003 Non 4781 of 2003 of 2003 of 20030 of 2003 of 20030 of 20030 of 2003 and of 2003 I m 0 0 I C9 I Z e 0 I Z CO VS7 Z t ook m ore t han t went y nine years when t he I earned Dist rict Judge was appoint ed as an Arbit rat or The award was pronouncedby t he I earned Dist rict Judgeon 6 6 2002 holding t hat t he I andowners were ent it led t o get com pensat ion at t he rat e of Rs600001oer solat ium and int erest No order wit h regard t o paym ent of t o t he appellant s on t he am ount of com pensat ionwas Judge however passed t he I earned Dist rict I n t he of Union of I ndia Vse Hari Krishan Khosla lDeadl bv Lrs JT 1992 Sl SC 5742 1993 Suppl2I SCC 149 Honble Suprem eCourt I n paragraph 79 of t he j udgm ent observed as underl 11 This is a in which for 16 years no Arbit rat or was appoint ed We t hink it I S j ust and proper t o applyt he principieI aid down in Harbans Sinqh Shanni Devi Vse Union I ndia Civil Appeal Nosa470 and 471 1985 disposed of by t his Court February 11 1985 The Court held as I l Having regard t o t he pecuiiar . Rashm i 2012.08.30 12: 55 True Scanned Copy Of t he Original PHHC,Chandigarh fact s circum st ances t he present JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 60 f V 1 Q 0 0 I C5 I Z 2 I C Z m r 7 Z e7 FeAeOeNoe4780 Non 4781 Fe0 FAO Noa 4782 FeOa No 4783 Noe 4784 FA0 FeAe0eNoe 4785 FeAeOeNoe 4786 FA0n Noa 4787 FeAeOeNOe 4788 of2003 of 2003 of 2003 of 2003 of 2003 of 2003 of 2003 of 2003 and of 2003 and part icularly in view of t he fact t hat t he appoint m entof Arbit rat or m ade by t he Union of I ndia a periodof 16 years we t hink t his is a fit case in which solat ium at am ount t he rat e of 30 per cent on t he com pensat ion and int erest t he rat e of 9 per cent per annum should be awarded t o t he appellant s We are m aking t his order havingregard t o t he t hat t he I aw has in t he m eanwhiie been am ended wit h a view t o providing solat ium at t he rat e of 30 per cent and int erest t he rat e of 9 per cent per annum I l As not iced above in t his t here was m ore t han 29 years in t he appoint m entof an Arbit rat or Keepingin View t he observat ion t he Honble Suprem eCourt in t he afor m ent ioned cases I have no hesit at ion in holdingt hat t he appeliant s ent it led t o solat ium as prayed for t hem a iong wit h int erest t he rat e of 9 per cent per annum from t he dat e possessionoft heir I ands had been t aken by t he respondent s I ee 271966 For . Rashm i 2012.08.30 12: 55 True Scanned Copy Of t he Original PHHC,Chandigarh t he aforesaid reasons t hese appeals are allowed JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document r e 61 e 4 1 4 8 of 2003 FeAe0sNoe 4780 FeAn0 Nos 4781 of 2003 of 2003 FeAnOeNoe 4782 of 2003 F1a0 Non 4783 of 2003 FeAeOeNoe 4784 of 2003 F4Oe Noe 4785 of2003 FAONo786 of 2003 and FeAeOeNon 4787 of 2003 F10 Noa 4788 t o t he ext ent t hat t he appellant sI andownersare held ent it led t o solat ium at t he rat e of 15 per cent per annum as prayedfor by t hem in t hese appeals on t he m arket assessed by t he I earned Dist rict Judge Am rit sar t he I and as Rs600001 from t he alongwit h int erest at t he rat e of 9 per cent per dat e when possessionof t he I ands of t he I andowners appellant swas t aken by t he respondent sI ee 2771966 The Regist ry I S direct ed t o place a copy of t his j udgm ent I t l each of t he appeal April 2011 1 41 PALI vlOHI NDER 1 JUDGE 0 0 C5 I Z 2 I Z 7 Z J3 1 I l I p3 6 r . Rashm i 2012.08.30 12: 55 True Scanned Copy Of t he Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document