UNION OF INDIA Vs. RANDHIR SINGH

JUDGEMENT

(1.) All these appeals have been filed by the Unionof India. The challenge is not to the award of compensation but to the applicability ofSections23(l-A), 23(2) and 28 of the Land Acquisition Act,1894 (for short 'the Act') as introduced in the Act by the Land Acquisition(Amendment) Act, 1984 (for short 'the Amending Act') which came intoforce on 24/09/1984 but the provisions aforesaid were neverthelessmade applicable from 30/04/1982 when the bill of the Amending Act wasintroduced in the Parliament.

(2.) In R.F.A. 854/89 notifications under Sections 4, 6 and 17 were all issued on 19/04/1979 and it was stated that possession was taken perhapssome time in May 1979. The record does not show as to on which date thepossession was taken. The award by the Collector was made on 18/08/1980 and judgment by the Additional District Judge on reference made underSection 18 of the Act was given on 29/10/1987. The learned Additional ^District Judge said that since the matter retarding interpretation of the threeprovisions of the Act as amended by the Amending Act was pending in theSupreme Court, the claimants should be entitled to further amount interms of the judgment of the Supreme Court as and when delivered.

(3.) In R.F.As. 407/90, 527/90, 528/90, 529/90 and 589/90 theimpugned order of the learned Additional District Judge is on anapplication filed under Section 28 of the Act as amended seekingenhancement of the amount of interest, solatium, etc. under Sections 23(1-A), 23(2) and 28 of the Act. In all these five appeals the awardof the Collector and/or the judgment of the learned Additional DistrictJudge on a reference made under Section 18 of the Act, was given in 1983or in 1984 during the period 30/04/1982 and 24/09/1984. Thelearned Additional District Judge, therefore, modified the judgment deliveredearlier and awarded additional amount under Section 23(1-A) at the rate of 12% per annum, solatium at the rate of 30/o on the market value underSection 23(2) and further awarded interest under Section 28 of the Act at therate of 9/o perannum for one year from the date of taking possession andthereafter at the rate of 15/o per annum on the enhanced amount till payment.