STATE OF PUNJAB Vs. AVTAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Heard counsel for the parties.

(3.) Originally land admeasuring 54 kanals 11 marias was requisitioned by the District Magistrate, Amritsar by a notification published on 9/9/1946 for para-military purposes. Subsequently, notification under Section 4 of the Land Acquisition Act was published by the State government on 30/6/1965. The arbitrator awarded the compensation on 25/1/1972. On reference, compensation was enhanced to Rs. 30. 00 per square yard by the award dated 5/3/1973 together with solatium at 15% and interest at 12% from the date of acquisition till payment was made on behalf of the State. The claimants FAO No. 76 of 1973 was disposed of by the High court on 17/11/1982. Subsequently, an application was made under S. 152 and 151 of Civil Procedure Code requesting the High court to amend the decree applying the Land Acquisition (Amendment) Act, 1984 (68 of 1984. The High court allowed CM No. 2911-C of 1986 on 22/7/1986 granting the benefits of 30% solatium instead of 15% solatium and also interest on 9% for one year from the date of taking possession and thereafter @ 15% after the expiry of one year till date of payment or deposit whichever is earlier. The order in first appeal is accordingly modified. A review petition filed was also dismissed. Thus this appeal by special leave.