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Supreme Court of India · body

1987 DIGILAW 942 (SC)

Om Parkash v. State Of Punjab

1987-10-29

RANGANATH MISRA, S.RANGANATHAN

body1987
(1) THESE appeals are by claimants whose lands hve been included in a Development Scheme bythe Patiala Improvement Trust underthe Punjab Town Improvement Act of 1922.the publication under S. 36 ofthe Act corresponding to S. 4 ofthe Land Acquisition Act, was made on 14/01/1974. Action corresponding to S. 6 ofthe Land Acquisition Act was taken in December 1976 andthe award was made in July 1978. Asthe entire compensation fixed was not offered,the appellants did not accept part payment ofthe compensation and filed writ ptitions beforethe High court challengingthe proceedings on several grounds including delay.the plea of delay was rejected bythe High court onthe ground thatthe writ ptitions suffered from lches and approachedthe court belatediy. That is how thse appeals hve corne to this court by spcial leave. (2) LT is not disputed thatthe award has been made on 29/07/1978. lt is aiso not in dispute that several rfrences hve been made for fixing th proper market value ofthe property and are pending disposai. In the mean time the Land Acquisition Act has been amended in 1984 and provision for escalation of rates of interest and solatium has been made. There is no dispute that forthe acquisition underthe Punjab Town Improvement Act, 1922,the procdure laid down underthe Land Acquisition Act, 1894 applies. (3) THE entire compensation money as per award has not been paid. Counsel forthe Trust, respondent 2, agres that money is available now and can be paid within any period as we direct. We, therefore, require th respondent-authorities to depositthe money withthe Land Acquisition Officer within two weeks hence for disbursement in terms of the award.the Land Acquisition Officer shall disbursethe amount within two weeks thereafter. (4) AS we hve aiready stated references are pending for Fixing of the appropriate market value. Counsel forthe respondent hve agreed that th provisions ofthe amending Act shall apply and escalated rates provided therein would be available.the rfre court shall take into accountthe submissions that compensation has been assessed atthe rate of Rs. 6.00 and Rs. 8.00 per sq. yd. whereas market value is higher.the parties will be free to leadevidence in support of their daim based upon potential value. 6.00 and Rs. 8.00 per sq. yd. whereas market value is higher.the parties will be free to leadevidence in support of their daim based upon potential value. We are sure that court would give reasonable opportunity to th parties to leadevidence in support of their respective stands.the matter appears to hve been pending for a long time; we directthe court to dispose ofthe rfrences within a total period of four months from today. Ail intrim orders stand vacated.the appeals are disposed of. (5) NO costs.