RANJIT Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application u/s 30 of the Land Acquisition (Amendment) Act, 1984. By our order dated 29 8.84 we fixed the market value of the land of the applicant at the rate of Rs. 12,000.00 per bigha. In addition we awarded him solatium @ 15% and interest @ 6% p.a. from the date of dispossession till payment and costs.

(2.) Now the applicant says that he is entitled to further benefits as conferred by the Amendment Act. The Amendment Act received the assent of the President on 24.9.84 and became the law of the land. It amended S. 28(2) and provided that in addition to the market value the court shall in every case award a sum of 30% on the market value of the land in consideration of the compulsory nature of the acquisition. Previously the law was that solatium was to be awarded @ 15% which we did by our order dated 29.8.84.

(3.) The other benefit conferred on the land owner whose land is taken by the Collector is provided by S. 28 as amended. Earlier the rate of interest was 6% p.a. from the date on which the Collector took prossession of the land to date of payment. This also we awarded in our previous order. Now the change in the law is this. For the first year the rate of interest shall be 9% p.a. from the date on which the collector took possession of the land. After the expiry of one year the rate of interest shall be 15% p.a. till the date of payment.