DAULAT RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This application is preferred by the claimant under Sections 151 and 152 of Civil Procedure Code for modification or clarification of the judgment dated 26.03.1999.

(2.) The Union of India issued a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ) on 27.01.1984. After following the procedure laid down in the Act, a declaration was made under Section 6 of the Act on 24.09.1984 for the lands situated at Village Amber Hai. After following the procedure laid down in the Act, the Land Acquisition Collector (in short `LAC') awarded a compensation @ Rs.13,000/- per bigha and Rs.11,000/- per bigha for the land in categories `A' and `B' respectively. The claimants being aggrieved and not satisfied with the amount of compensation determined by the LAC made an application under Section 18 of the Act. The Reference Court therefore was required to determine the fair market price and other benefits in LAC No.7/93 and ultimately the Reference Court awarded compensation @ Rs.36,400/- per bigha as on the date of notification under Section 4 of the Act for all types of lands irrespective of categories indicated by the LAC. Against the decision rendered by the Reference Court on 22.09.1993, the appeal was preferred by the claimants in this Court, inter alia, requesting the Court to grant higher compensation and all other statutory benefits which are required to be granted under the Act. The High Court while hearing an appeal under Section 54 of the Act, in view of the decision in RFA 619/1993 titled Sita Ram Vs. Union of India held that the claimants are entitled to get compensation @ Rs.47,224/- per bigha and granted other benefits which are indicated as under: Besides compensation on the aforesaid basis, the appellant will also be entitled to 12% additional amount under Section 23(1A) of the Act. Appellant will also be entitled to solatium at the rate of 30% of the market value of land. The amount of compensation awarded by the Court in the present case is in excess of the amount awarded by the Collector. Therefore, the appellant will be entitled to interest on the excess amount at the rate of 9% per annum from the date of taking possession of the land by the Collector to the date of payment of such excess into Court. If the excess or any part thereof was paid into Court after the date of expiry of a period of one year from the date on which possession was taken, interest at the rate of 15% per annum shall also be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Court before the date of such expiry. The appellant will get proportionate costs of the Appeal.

(3.) Now, this application is being made, inter alia praying, that the Court by allowing the application should clarify the judgment and decree dated 26.03.1999, passed in appeal to the extent that the appellants are also entitled to interest on the solatium and additional amount granted in this appeal. This submission is made relying on the decision of the Apex Court in the case of Sunder Vs. Union of India reported in 93 (2001) DLT 569.