NEKI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue to be decided is as to whether the interest on solatium under the Land Acquisition Act, 1894 (hereinafter referred to as the ?LAC Act?) is payable in the instant case.

(2.) Arguments addressed by both the parties have been appreciated.

(3.) These proceedings were proceedings under the LAC Act. The impugned order is dated 21.07.2009. Certain dates are undisputed. The Reference Petition under Section 18 of the LAC had been disposed of by the Reference Court on 06.10.1998. The applicant had been granted solatium @ 30% on the enhanced market value under 23(2) of the Act. Thereafter an application had been filed by the applicant/decree holder under Section 151 of the Code of Civil Procedure (hereinafter referred to as the ?Code?) seeking interest on the said solatium which admittedly did not form a part of the judgment dated 12.05.1994. His contention was that this judgment had been modified by the subsequent order passed by the learned ADJ on 21.09.2004 vide which interest on solatium had been granted to him.