SARUP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this common judgment and order. However, we may record the facts of each of the cases separately and deal with the issues at one place as they are interconnected.

(2.) This appeal arises out of the acquisition of land of Sarup Singh, the appellant herein, by issuing a notification under Section 4 of the Land Acquisition Act, 1894 [hereinafter referred to as "the Act"] on 09.10.1974. Possession of the land was taken on 03.12.1974 and the award was passed on 11.06.1975. As against the award passed by the Special Land Acquisition Collector, Bhatinda Cantonment, a reference case was filed which was decided by the Reference Court on 31.07.1979. Finally, the matter came to be decided by the High Court of Punjab & Haryana. The High Court by an order dated 08.12.1982, determined the market value of the land and the appellants herein were also granted solatium at 15 per cent and also interest at 6 per cent per annum. The aforesaid judgment and order passed by the High Court became final and binding as no appeal was brought to this Court thereafter.

(3.) Subsequently, however, the decree holders-appellants filed Civil Miscellaneous Applications No. 1296 of 1985 under Sections 151 and 152 of Code of Civil Procedure, 1908 [for short "C.P.C."] praying for solatium and interest at the enhanced rate as provided for by the amendment in the Act (by way of Act 68 of 1984) which was given effect from 24.09.1984. The High Court allowed the said Miscellaneous Petition by order dated 17.02.1986 by passing an order enhancing the payment of solatium from 15 per cent to 30 per cent and interest from 6 per cent to 9 per cent per annum for the first year after acquisition and 15 per cent per annum thereafter till the date of actual payment of the enhanced amount of compensation.