LAWS(SC)-1990-4-56

HOSHIARPUR IMPROVEMENT TRUST Vs. PRESIDENT LAND ACQUISITION TRIBUNAL

Decided On April 19, 1990
HOSHIARPUR IMPROVEMENT TRUST Appellant
V/S
PRESIDENT LAND ACQUISITION TRIBUNAL Respondents

JUDGEMENT

(1.) Special leave granted.

(2.) All these petitions by special leave are disposed of by one single order as identical questions of law are involved and they are directed against the similar order of the High court dated 9/02/1989.

(3.) Short controversy raised in these cases is regarding the grant of benefits under amended S. 23 (1-A) , 23 (2) and 28 of the Land acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as 'the Amending Act'). The president Land Acquisition tribunal, Hoshiarpur (District court) initially granted solatium at 15 per cent on the compensation and interest at 6 per cent per annum of the additional amount of compensation till the date of payment. The claimants submitted an application for modification of the award as regards solatium and interest in view of the Amending Act which came into force on 24/09/1984. The Land acquisition tribunal granted benefit of the Amending Act and modified the award by passing the following operative order which is subject matter of challenge in Special Leave Petition No. 9434 of 1989. Similar orders have been passed in other two cases also.