KALLU Vs. STATE OF U P

JUDGEMENT

(1.) DR. B. S. Chauhan, J. The land measuring about 1 Bigha and 10 Biswas owned and possessed by the petitioner situate in village Gayasuddinpur, Tehasil Chail, district Allahabad was requisitioned under the provision of Section 29 of the Defence of India Act, 1962 hereinafter called "the Act". For the said purpose the competent authority under the Act issued a notification on 14-1-1963. Consequent ly on 3-5-68 the said prescribed authority acquired the aforesaid land permanently under the provision of Section 36 of the said Act. The award in Arbitration Refer ence No. 8 of 1981 was made by the respondent No. 3 vide his order dated 13-12-1983.

(2.) BEING aggrieved and dis-satisfied the instant writ petition has been filed mainly on the ground that the arbitrator has manifestly erred in no awarding solatium at the rate of 15 per cent on the amount of compensation and interest at the rate of 6 per cent per annum. The main ground of challenge is quoted here as under: "the only ground on which this claim was rejected was that Sections 37 and 43 of the Defence of India Act are complete and inclusive in themselves, the claimant cannot be granted either interest or solatium as claimed under Sections 28 and 23 (2) of the Land Acquisition Act, 1894 which is not applicable to the acquisition proceedings under Sections 29 and 36 of the Act of 1962, which is totally erroneous. "

(3.) IN the case of Gowardhans v. Union of INdia, Civil Appeal No. 3058 of 1983 decided on 31-1-1983, the Supreme Court has observed as under : "the payment of solatium at 15 per cent is obligatory under the Land Acquisition Act and for the same reason should be regarded as obligatory under the Defence of INdia Act. . . . . As regards the claim of interest, we think that it is only right that interest should be awarded to the applicant for the entire period upto the date of payment. "