STATE OF HARYANA Vs. PHUSAN

JUDGEMENT

(1.) In land acquisition proceedings the Land Acquisition Collector gave his award on 3.12.1974 against which the claimants sought references under Section 18 of the Land Acquisition Act, 1894 , and the references were decided by the District Court on 19.12.1980. Against the enhanced amount awarded by the learned District Judge, Bhiwani, the State had come in first appeal to this Court. The first appeal was dismissed on 30.5.1983.

(2.) In November, 1987 claimant filed two applications one under Sections 151, 152 and 153 of the Civil Procedure Code, 1908 read with Section 30 of the Central Act No. 68 of 1984 and the other under Sections 5 and 14 of the Limitation Act, 1963. It was stated therein that vide Central Act No. 68 of 1984 certain provisions of the Act were amended and the amendment was applicable with effect from 30.4.1982 and that the learned District Judge had awarded solatium and interest at the rate of 15 per cent and 6 per cent respectively which were maintained by the Court while dismissing the State appeal on 30.5.1983. It was prayed that judgment dated 30.5.1983 be amended and claimant be awarded solatium and interest at the enhanced rates in view of the amended provisions. Vide ex parte order dated 12.2.1988 the order of this Court dated 30.5.1983 was modified and it was ordered that the claimants would be entitled to solatium at the rate of 30 per cent and interest at the rate of 9 per cent per annum for the first year from the date of taking possession and thereafter at the rate of 15 per cent per annum till the payment is made.

(3.) It is thereafter that the Supreme Court over-ruled its earlier decision in the case Union of India v. Raghbir Singh, 1989 AIR(SC) 1933and held that enhanced solatium and interest would be payable only in those cases where the District Judge gave its award on or after 30.4.1982 and not in other cases where the award was given before that date.