COLLECTOR OF DARRANG & MANGALDAI Vs. ON THE DEATH OF PRAFULLA CHANDRA GOSWAMI, AMIYA KUMAR GOSWAMI AND ORS.

JUDGEMENT

(1.) The State of Assam has filed this revision petition impugning the Judgment and Order dated 25.6.84 passed by the learned District Judge Sonitpur at Tezour in Misc. (Ref.) Case No. 83 of 1972 by which the learned Dist. Judge held that the claimant opposite party is entitled to get interest on the solatium at the rate of 15% of the market value of the acquired land of the claimant as compensation.

(2.) The land of the claimant was acquired by the State of Assam under the State Act, namely, Assam Land (Requisition and Acquisition) Act, 1948, and that there being no provision of payment of solatium as compensation in addition to market value of the land, no solatium was awarded as compensation for acquisition of the land. The Honourable Supreme Court by Judgment and Order passed in Civil Appeal No. 81-83 of 1972, however, held that the claimant-opposite party is entitled to get solatium at the rate of 15% on the market value of the acquired land as compensation. After the Honourable Supreme Court held that the claimant-opp. party is entitled to solatium at the rate of 15% on the market value of the acquired land on account of compensation the learned District Judge by the impugned order held that solatium being integral part of compensation, the claimant opposite party was entitled to get interest on the solatium from the date of taking over of possession of the acquired land till payment thereof and awarded interest accordingly.

(3.) The petitioner has challenged the award of interest on solatium on the ground that the Honourable Supreme Court not having awarded interest, the learned District Judge has no jurisdiction to award interest on the solatium. The learned Govt. Advocate also submitted that solatium being ex-gratia and it is granted over and above the compensation and as such, the learned District Judge had acted illegally and without jurisdiction in awarding interest on the solatium by the impugned judgment and order.