STATE OF HARYANA Vs. OM PRAKASH BHASIN

JUDGEMENT

(1.) Delay condoned.

(2.) In this appeal which is directed against the judgment and order of the High Court, dated 25-3-1985, notice issued by this Court was limited to the question of solatium and interest only.

(3.) Notification under Section 4 of the Land Acquisition Act (hereinafter the Act) was issued on 7-10-1971. The Land Acquisition Collector made an Award giving compensation of the acquired land @ Rs. 200/- per marla. The respondent sought a reference under Section 18 of the Act against the award of the Land Acquisition Collector and the learned District Judge, Gurgaon, vide an Award, dated 10-10-1978 allowed compensation @ Rs. 10/- per square yard. The respondent challenged the award of the District Judge in the High Court. A learned single Judge, vide judgment and order dated 28-1-1981 allowed the appeal and enhanced the compensation from Rs. 10/- per square yard to Rs. 12/- per square yard. The respondent took the matter further in appeal to the Division Bench. The Division Bench further raised the compensation to Rs. 15/- per square yard. The Division Bench also held the respondent entitled to solatium @ 30% on the increase of Rs. 3/- per square yard, besides interest @ 9% per annum for one year from the date of possession of the land and @ 15% per annum thereafter till the date of payment. The Division Bench pronounced the judgment on March 25, 1985. Hence, this appeal.