Compensation awarded to said Nihal Singh by the Arbitrator was at the following rates Land situated on either side of National Highway leading from Rs.16.80/sq.yd Bhatinda to Bana upto depth of 5000 mts.
Before the High Court, the appellants herein, inter alia, raised a question of maintainability of the writ petition on the ground delay and latches on the part of the respondents, as allegedly the writ petition had been filed after a period of five years.
183 of 1994, P.A. No.
For the rest of acquired land Rs.8.50 The said Nihal Singh had also been paid solatium 30 and interest 9 per annum for one year after acquisition and thereafter 15 per annum till realisation.
and others vs. Union of India and Another.
By reason of a judgment and order dated 1.4.1999, a learned Single Judge of the High Court upon setting aside the order of the Special Land Acquisition Collector dated 30.5.1988 allowed the writ petition where against the appellants preferred an intra court appeal which also came to be dismissed by reason of the impugned judgment dated 27th January, 2000.
The said award indisputably was number implemented.
Land upto depth of 500 mts.
By an award dated 20.11.1987 in the case of one Nihal Singh, the said Arbitrator awarded higher companypensation together with solatium and interest.
Thereafter, the respondent herein filed a writ petition questioning the said award on the ground that as the provisions of Section 28A of the Land Acquisition Act were number applicable in relation to acquisition under the Defence of India Act or the 1952 Act, the said award dated 30th May, 1988 was illegal and without jurisdiction.
Another writ petition was filed by the Appellant claiming solatium before the High Court which was marked as C.W.P. No.1813 of 1978 and the same was also allowed.
A special leave petition filed by the respondents herein before this Court marked as Special Leave Petition Civil No.74 of 1998 questioning the said order of the High Court was dismissed on 4th September, 1984.
J U D G M E N T W I T H CIVIL APPEAL NOS.
Applicability of Section 28A of the Land Acquisition Act, 1894 in a proceeding under the Requisitioning and Acquisition of Immovable Property Act, 1952 hereinafter referred to as the 1952 Act is in question in these appeals, which arise out of judgments and orders passed by Punjab Haryana High Court in L.P.A. No.
It is, however, number in dispute that several other land owners did number accept the said award and made a reference which was referred to an arbitration of the Additional District Judge.
636, 637, 638 OF 2003 Arising out of S.L.P. Civil Nos.17079 of 2000, 533 of 2001 SLP Civil CC 4700 of 2001 B. SINHA, J Leave granted.
An award of companypensation was pronounced on 6th March, 1975 in the following terms Area assessed on flat Rs.16,000/ per acre Nahri Chani Rs.14,000/ Chali Mustan Rs.10,800/ Banani Rs.9,000/ Coir Mumkin Bajar Rs.4,500/ It is number in dispute that the appellants in relation to the amount of companypensation awarded by the respondents herein for acquiring their properties entered into agreements in the prescribed form under the provisions of the 1952 Act, which was made operative for the residual matters flowing from the proceedings of acquisition of lands upon repeal of the Defence of India Act, 1971.
The lands of the appellants were requisitioned under the Defence of India Act, 1971 for establishment of Military cantonment in the year 1972.
42 of 2000.
The factual matrix of the matter may be adverted to from the Civil Appeal arising out of Special Leave Petition Civil No.533 of 2001.
They were later on acquired in terms of Section 23 1 of the Defence of India Act.
The Municipal limits fencing of Cantonment from boundry Rs.16/ per sq.yd 3rd phase of Urban Estate of Bhatinda Town.
Questioning the number inclusion of interest in the said award they filed a writ petition before the High Court which was marked as C.W.P. No.4983 of 1976 which were allowed.
Presumably, relying on or on the basis of the said decision, the Special Land Acquisition Collector, before whom the said purported application under Section 28A was filed, enhanced the companypensation by an order dated 30th May, 1988.
914 of 1999 and L.P.A. No.
971 of 1999, C.W.P. No.
