LAWS(SC)-1991-8-58

STATE OF PUNJAB Vs. MOHINDER SINGH RANDHAWA

Decided On August 02, 1991
STATE OF PUNJAB Appellant
V/S
MOHINDER SINGH RANDHAWA Respondents

JUDGEMENT

(1.) - These appeals by special leave are at the instance of the State of Punjab and arise out of execution proceedings taken by the landowners to get their dues in terms of the decree made by the High Court in regard to compensation payable under the Land Acquisition Act.

(2.) Three contentions were canvassed at the hearing: (1) the payments stipulated under Section 23(1 A) of the Land Acquisition Act is not admissible: (2) solatium at enhanced rate of 30% cannot be calculated by taking into account the sum of money covered by Section 23(1A) of the Act; and (3) interest payable under Section 34 of the Act cannot take into account the interest component payable under the Act.

(3.) We find on reference to the appellate decree of High Court that it directed payment of the sum of money under Section 23(1A) of the Act. In the absence of any challenge to the appellate decree in further proceedings, in execution this is not open to challenge.