UNION OF INDIA Vs. SUBE RAM

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for both the parties.

(3.) Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short, "the Act") was published on 8/3/1957 acquiring the land for planned development of Delhi City. The Land Acquisition Officer awarded compensation on 3/10/1974 under Section II of the Act. The Additional District Judge enhanced the compensation on 5/10/1976. On appeal, the High court further enhanced the compensation on 24/7/1984 to Rs. 10. 00 per square yard with solatium and interest at old rates, namely, solatium at 15% under Section 23 (2 and interest at 6% under proviso to Section 28 of the Act on the enhanced compensation. Consequently, the respondents filed the petition under S. 151 and 152 of the Code of Civil Procedure, 1908 and the High court by the impugned order dated 22/3/1985 allowed the benefits under the Amendment Act 68 of 1984 and awarded solatium at 30% on the enhanced compensation and interest under the proviso to Section 28 at 9% for one year from the date of taking possession for one year and @ 15% thereafter till date of deposit into court on the enhanced compensation, Subsequently, that view was reversed by this court in Union of India v. Raghubir Singh. The application came to be filed for review of the judgment and the High court in the impugned order dated 1/12/1993 dismissed the review application. Thus these appeals by special leave. Appeal also was filed against the original appellate order with a delay of 3379 days.