UNION OF INDIA Vs. KISHAN CHAND

JUDGEMENT

(1.) The short question for consideration inthis appeal filed by Union of India against the order of the Additional DistrictJudge, Delhi dated 31.8.1985 is that whether interest @ 95% and 15% underSection 18 of the Land Acquisition (Amendment) Act read with Section 28 ofthe Principal Act was rightly awarded by the Additional District Judge andalso whether the Additional District Judge was right in granting enhancedsolatium at 30% and interest for the period 11.9.1962 to 4.8.1983 i.e., theperiod during which the reference had remained stayed.

(2.) The question regarding payment to enhanced interest @ 9% and15% under Section 18 of the Land Acquisition (Amendment) Act read withSection 28 of the Principal Act and enhanced solatium at 30% has now beenconclusively decided by the Supreme Court in Hoshiarpur Improvement Trustv. The President, Land Acquisition Tribunal & Ors., 1990 (2) JT 567. Thequestion of payment of 12% additional amount under Section 23(1)(A) hasbeen decided by the Supreme Court in Union of India v. Johra Singh, 1991JT (4) 538.

(3.) The question regarding payment of interest for the periodduring which the reference under Section 11 of the Land AcquisionAct remained stayed has also been considered by this Court in RFA244/76 (Union of India v. Sh. Hakumat Rai Devi Charm Topokhane WalaDharmarth Truit) decided on 25/08/1983. This Court has heldthat in view of Sec. 28 of the Land Acquisition Act, the claimants are entitledto interest even for the period during which the reference remained stayedbecause of the pendency of proceedings under Sections 30 and 31 of theLand Acquisition Act. This appeal is, therefore, without any merit.Even otherwise no one appears for the appellant. Dismissed in default.