DAYAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) LEAVE granted.

(2.) APPLICABILITY of Section 28A of the Land Acquisition Act, 1894 in a proceeding under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as 'the 1952 Act') is in question in these appeals, which arise out of judgments and orders passed by Punjab and Haryana High Court in L.P.A. No. 971 of 1999, C.W.P. No. 183 of 1994, L.P.A. No. 914 of 1999 and L.P.A. No. 42 of 2000.

(3.) QUESTIONING the non-inclusion of interest in the said award they filed a writ petition before the High Court which was marked as C.W.P. No.4983 of 1976 which were allowed. A special leave petition filed by the respondents herein before this Court marked as Special Leave Petition (Civil) No.74 of 1998 questioning the said order of the High Court was dismissed on 4th September, 1984. Another writ petition was filed by the Appellant claiming solatium before the High Court which was marked as C.W.P. No. 1813 of 1978 and the same was also allowed. It is, however, not in dispute that several other land owners did not accept the said award and made a reference which was referred to an arbitration of the Additional District Judge. By an award dated 20.11.1987 in the case of one Nihal Singh, the said Arbitrator awarded higher compensation together with solatium and interest. Compensation awarded to said Nihal Singh by the Arbitrator was at the following rates :- <FRM>JUDGEMENT_811_SUPREME1_2003Html2.htm</FRM>