STATE OF PUNJAB Vs. AMARJIT SINGH

JUDGEMENT

(1.) Leave granted. The question raised in this appeal is whether additional amount under Section 23(1A) of the Land Acquisition Act, 1894 ('Act' for short) is payable on the solatium under Section 23(2) of the Act.

(2.) In regard to acquisition of land belonging to the Respondents, the reference Court by judgment dated 5.3.2001 awarded compensation at the rate of 6,96,000/- per acre alongwith statutory benefits under Section 23(1A), 23(2) and 28 of the Act. The Respondents filed an execution application wherein they claimed additional amount of 12% per annum for the period 11.11.1993 to 16.6.1994 (that is from the date of notification under Section 4(1) of the Act till the date of the award) under Section 23(1A) of the Act, not only on the market value of the land, but also on the solatium amount. The said claim was accepted by the Executing Court by order dated 8.5.2008. The revision filed by the Appellant was rejected by the High Court on 4.9.2008. The said revisional order of the High Court is challenged in this appeal by special leave.

(3.) To find an answer to the question arising for consideration, it is necessary to refer to Section 23 of the Act dealing with matters to be considered in determining compensation. The said provision is extracted below: