UNION OF INDIA Vs. RANI MADAN KUMARI DEVI

JUDGEMENT

(1.) BOTH these petitions filed under Article 227 of the Constitution of India, are taken up together, as by means of those petitions, identical question has been canvassed by the petitioners -Union of India. The question is, whether the interest on solatium can be paid by the executing court, if the Land Acquisition Judge has not "specifically granted" interest on the solatium from the date when the notification under Section 4(1) of the Land Acquisition Act, 1894 was issued or the payment of interest shall be restricted from the date when Sunder Vs. Union of India, reported in : (2001) 7 SCC 211 was pronounced in terms of the interpretation given by the apex court in Gurpreet Singh Vs. Union of India, reported in : (2006) 8 SCC 457.

(2.) BY the impugned order dated 10.04.2013, delivered in Execution (M) No. 01/2006, which has been challenged in CRP No. 6/2014, the executing court has directed payment of interest on the solatium from the day when the notification under Section 4(1) of the Land Acquisition Act, 1894 was issued. Similarly, by the impugned order dated 11.04.2013 delivered in Execution (M) No. 12/2003, which has been challenged in CRP No. 8/2014, the executing court has directed payment of interest on the solatium from the day when the notification under Section 4(1) of the Land Acquisition Act, 1894 was issued.

(3.) THE Land Acquisition Judge, by the common orders dated 31.10.1997, delivered in Misc.(L.A.) No. 62/1987 (Smt. Gita Rani Das & Anr. Vs. L.A. Collector & Anr.) and in Misc.(L.A.) No. 112/1987 (Maharaj Kumar Sukumar Kishore Debbarma Vs. L.A. Collector & Anr.) etc., has granted compensation as under: