KARNAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition directed against the order of the Special Land Acquisition Collector, respondent No. 2, the short question which arises for determination is as to which of the benefical provisions of the Land Acquisition (Amendment Act) 1984, the petitioner are entitled to.

(2.) THE fact are neither intricate nor disputed which, however, need be stated in order to decide the precise question involved in this writ petition. The petitioners' land along with the land of other co-sharers was acquired vide Punjab Govt. Notification dated 9-10-1974 by the Defence Department culminating in the announcement of the Award by the Land Acquisition Collector on 11-6-1975. After the disposal of the reference application under Section 18 of the Act and the appeal by this Court, the Hon'ble Supreme Court of India in Civil Appeal No. 1963-1983 of 1986 Meher Singh etc v. Union of India and Ors. , Civil Appeal Nos. 1933-1983 of 1986 finally determined the market value of the acquired land of various categories at the rates mentioned in the impugned Award which does not need to be detailed as on re-determination of compensation under Section 28-A of the Act respondent No. 3, has already granted the petitioners the same compensation. However, while granting statutory benefits, the Land Acquisition Collector has found that the petitioners are entitled to solatium at the rate of 15 per cent and interest at the rate of 6 per cent on the re-determined amount of compensation. The petitioners have challenged the order of respondent No. 3 and sought the indulgence of this Court for the grant of all statutory benefits under the amended provisions of Land Acquisition Act, namely, the benefits under Sections 23 (1-A) 23 (2) and 28 of the Amended Act No. 68 of 1984.

(3.) ADMITTEDLY, the petitioners' compensation has been re-determined under Section 28-A of the amended Land Acquisition Act and, therefore, they are entitled to all the statutory benefits of the amended provisions of the Land Acquisition Act as has been laid down in Union of India v. Mr. Filip Tiaqo De Gama, 1990 (1) S. C. C. 277 barring the statutory benefits conferred under Section 23 (1-A) of the Act as the Award of the Land Acquisition Collector in the present case was announced on 11-6-1975 not only qua the land of the other land owners but pertaining to the land of the petitioners as well. In accordance with the law laid down by the apex court in Union of India's case (supra) the petitioners are entitled to all the benefits under the amended provisions of the Land Acquisition Act except the benefits under Section 23 (1-A) of the Act.