UNION OF INDIA Vs. DAYAL SINGH

JUDGEMENT

(1.) All these appeals have been filed by lhe Union of India. The challenge is not to lhe award of compensation but to lhe applicability of sections 23(1-A), 23(2) and 28 of the LandAcquisilionAct,1894(for short the Act') as introduced in the Act by the Land Acquisition (Amendment) Act, 1984 (for short 'the Amending Act') which came into force on 24 September 1984 but lhe provisions afore said were nevertheless made applicable from 30 April 1982 when lhe bill of the Amending Acl was introduced in the Parliament.

(2.) In R.F.A. 154/89 notifications under sections 4,6 and 17 were all issued on 19 April 1979 and it was staled that possession was taken perhaps some time in May 1979. The record does not show as to on which date the possession was taken. The award by the Collector was made on 18 August 1980 and judgment by the Additional District Judge on reference made under section l8 of the Act was given on 29 Octobcr 1987. The learned Additional District Judge said that since lhe matter regarding interpretation of the three provisions of the Act as amended by the Amending Act was pending in the Supreme Court, lhe claimants should be entitled to further amount in terms 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 the impugned order of lhe learned Additional District Judge is on an application filed under section 28 of lhe Acl as amended seeking enhancement of the amount of interest, solatium, etc. under sections 23(1-A), 23(2) and 28 of the Acl. In all these five appeals lhe award of the Collector and/ or the judgment of the learned Additional District Judge on a reference made under section 18 of the Act, was given in 1983 or in 1984 during the period 30 April 1982 and 24 September 1984. The learned Additional District Judge, therefore, modified the judgment delivered earlier and awarded additional amount under section 23(1-A) at the rate of 12% per annum, solatium at the rate of 30% on the market value under section 23(2) and further awarded interest under section 28 of the Act at the rate of 9% per annum for one year from the date of taking possession and thereafter at the rate of l5% per annum on the enhanced amount till payment.