UNION OF INDIA Vs. RANGILA RAM

JUDGEMENT

(1.) Leave granted.

(2.) On December 2, 1977, a notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was issued acquiring 267.2675 acres of land in village Bhatotarwan for defence purposes. The award was made by the Land Acquisition Collector on October 23, 1979. Against the award, the District Judge-arbitrator by his award dated February 7, 1981, enchanced the compensation and further awarded Rs. 700/- per acre for loss of livelihood/profession. Dissatisfied thereof, both the State as well as the respondent (filed) writ petitions in the High Court which by judgment dated March 15, 1982 enhanced the compensation to Rs. 11,000/- and 10,000/- per acre respectively. Following that, respondent's R.F.A. No. 1209 of 1981, was disposed of on November 5, 1982.

(3.) An application under Sections 151 and 152, Civil Procedure Code (for short, Rs. C.P.C.') was filed in 1986 before the High Court for amendment of the decree in the cross objections to award them 30% of the solatium 9% interest for the first year and 15% interest thereafter till the date of deposit as per Section 23(2) and proviso to Section 28 pursuant to the Amendment Act 68 of 1984. The High Court allowed the application on November 26, 1987. Thus, this appeal by special leave.