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PETITIONER: STATE OF PUNJAB AND OTHERS ETC.

       Vs.

RESPONDENT: RAMAN RAI AND OTHERS ETC.

DATE OF JUDGMENT14/08/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  (5) 610        1995 SCALE  (5)82

ACT:

HEADNOTE:

JUDGMENT:                             WITH        CIVIL APPEAL NOs. 7773-74 AND 7775-76 OF 1995   (Arising out of SLP (c) Nos. 4401-02/89 and 9043-44/94)                       O R D E R      These appeals are disposed of by a common judgment. The State  has   filed  these   appeals  against   the  enhanced compensation. The  respondents filed the appeals for further increase of  compensation than  awarded by  the High Court @ Rs. 1,60,000/-  per acre. The learned counsel for the claims for higher  compensation on  the basis of three transactions relied on  before the  High Court- Ex.p.4, p.7 and p.9 dated April  7,   1979,  March   29,  1978   and  June   26,  1978 respectively. However, relying upon the judgment of the High Court in  respect of  the lands  which are  marked  in  blue colour  in  the  plan  for  which  higher  compensation  was granted, while  lands situated  far away  from the  land  in question, counsel  for the  claimants contended  that  since their lands  are abutting  the G.T.  Road, they are entitled for higher  compensation. They  also sought  to justify  the grant of higher compensation by the High Court on the ground that in  previous batch of appeals arising out of S.L.P. (C) Nos. 4376-4397/89,  4400/89 decided  on July  19, 1995,  the land owners  had claimed  only at the rate of 1,50.000/- and this Court  confirmed the  same. Therefore, the claimants in these cases  are entitled  to higher  compensation,  as  the amount claimed by them was higher than Rs. 1,50,000/-.      Having regard  to the contentions raised by the counsel for the  parties, the  question  is  what  will  the  proper compensation  payable  to  the  claimants  in  these  cases. Admittedly 58  acres, 3  canals 15  marlas were  acquired by notification dated  August 10,  1979. The  Land  Acquisition Officer determined  the compensation  for Block  ‘A’  @  Rs. 50,000/- and  for Block  ‘B’ at the rate of Rs. 36,000/- per acre. On reference under s. 18, the Civil Court enhanced the compensation to  one lakh  per acre  for Block  ‘A’ and  Rs. 60,000/- for  Block ‘B’. On appeal, the learned Single Judge

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enhanced the compensation to Rs. 1,000/- per marle, in other words Rs. 1,60,000/- per acre.      What is  to be  determined is  the market  value of the acquired land  prevailing as  on the date of the publication of s. 4(1) notification and not on the basis of the claim as such. The  claim is  the assessment of the value of the land made by  the owner.  According to  him  that  would  be  the prevailing market  value of  the acquired  land. The parties can claim  higher amount but under  the unamended s.22(2) of the Act the Court is prohibited to award compensation higher than was  claimed pursuant to the notice under s.9 and 10 of the Act. The statutory prohibition, not to award higher than what was  claimed, itself  shows that  the Court  is not  to award any  amount in excess of the amount claimed. The Court is enjoined  under s.23(1)  to determine the compensation of the acquired land as on the date of notification. In view of the fact  that on earlier occasion, this Court has confirmed the market  value @  Rs. 1,50,000/- as limited by the owners in these  cases, the claimants herein also would be entitled to the  same amount of compensation, namely @ Rs. 1,50,000/- per acre.  It is  made clear that in earlier cases the State had not  pressed for  lesser amount  than the one claimed in the statement of the claimants.      It would  appear that  there is some discrepancy in the calculation of  the market  value on the basis of marlas. It is stated by the counsel for the claimants, and not disputed by the counsel for the State, that qua the lands situated at Maksudan Village  30 sq.  yd. is  equivalent to  one  marla, while in  Jullunder city  23 sq.  yards is equivalent to one marla. If  the   lands are calculated on acrage basis, there would not  be any  difficulty or discrepancy in awarding the compensation.      If  the   compensation  is   determined  by   the  land Acquisition Officer  on marlas  basis, the  Land Acquisition Officer should  consider all  the cases  at 23 sq. yards per marla, irrespective  of the  village in  which the lands are situated. The matter is accordingly clarified. The claimants are not  entitled to 12 per cent per annum of the additional amount under  s.23 (1-A).  However, they  are entitled  to 9 percent interest  for one  year  from  the  date  of  taking possession and  15 per  cent interest  thereafter, till  the date of  deposit of  the enhanced  compensation  awarded  by operation of  the proviso to s. 28 of the Act. The claimants are also  entitled to  30 percent solatium under s. 23(2) of the Act on the enhanced compensation.      The State  appeals are partly allowed and the claimants appeals are  dismissed. In  View of the above clarification, if additional  amount of compensation becomes due on account of calculation  of land  on marlas basis, as a special case, deficit court  fee, if  required to  be paid,  may  be  paid within one  month from  today. This direction to pay deficit court fee would not be used as a precedent.