UNION OF INDIA Vs. HIRA LAL

JUDGEMENT

(1.) Leave granted.

(2.) Heard the counsel for the parties.

(3.) We are of the opinion that the learned District Judge who heard the appeal filed by the State and the cross-objections filed by the respondents was not competent to award solatium and interest as per the provisions of the Land Acquisition Act, 1894 (as amended by the 1984 Amendment Act). Accordingly, we delete the award of solatium and also award of interest at the rate and for the periods mentioned in the order of the learned District Judge. We, however, affirm the quantum of compensation awarded by the arbitrator at Rs. 3.61 lakhs (excluding the amount of Rs. 72,037.85 paise which has already been paid to the respondents in the year 1982. Having regard to the facts and circumstances of Q the case, however, we direct that the said amount of Rs. 3.61 lakhs shall carry simple interest at the rate of 12 per cent from the date of the decree of the learned Subordinate Judge, i. e. , the date on which the learned Subordinate Judge made the award a rule of the court. The said interest shall be payable till the date of payment.