UNION OF INDIA Vs. ASHA SHARMA

JUDGEMENT

(1.) This appeal arises out of the proceedings under the Requisitioning and Acquisition of Immovable Property Act, 1952 (for short "the Act").

(2.) The Arbitrator appointed under Section 8 of the Act vide award dated 29/12/1977 awarded compensation Rs 1800 per kanal. The Land Acquisition Collector had earlier awarded compensation Rs 1,062.50 per kanal. The Arbitrator also awarded solatium 15% and interest 6% from the date of acquisition till the date of making payment. On the matter being taken in appeal by the respondents, the learned Single Judge of the High court vide judgment and order dated 6/4/1983 enhanced the compensation to Rs 200 per maria along with solatium 15% and interest 6% subject to the claim made by the respondent and the court fee paid thereon. An appeal filed by the appellant was dismissed by the division bench. Subsequently, a special leave petition Filed in this court by the appellant also came to be dismissed on 19-12-1985. It appears that the respondents had also filed a special leave petition in this court. That special leave petition was allowed and the respondents were permitted to make good deficiency in court fee for enhancement of compensation made by the learned Single Judge on 6/4/1983. After making good the deficiency in court fee, the respondents filed an appeal before the division bench of the High court against the judgment and order of the learned Single Judge dated 6/4/1983. The division bench enhanced the compensation from Rs 200 per maria to Rs 350 per maria by the impugned order dated 3/9/1991. The Division bench also granted solatium 30% and interest 9% for the first year and at the rate of 15% per annum thereafter. Aggrieved, the appellant has come to this court.

(3.) Since, the appellant in its earlier Special Leave Petition had also questioned the grant of solatium 15% and interest 6% in this court and their plea failed on 19-12-1985, it is not permissible for them now to reopen the issue relating to the grant of solatium 15% and interest 6% per annum. The principle of res judicata applies. The appeal, therefore, has to be considered keeping this position in view.