UNION OF INDIA Vs. JASWANT SINGH

JUDGEMENT

(1.) Vide this judgment First Appeal No. 270 of 1979 and Civil Writ Petition No. 4192 of 1979 are being disposed of as they have arisen from the same acquisition, proceedings initiated under the Punjab Requisitioning and Acquisition of Immovable Property Act, 1952.

(2.) The land in dispute measuring 168 Bighas 14 Biswas was acquired under the aforesaid Act vide notification issed on August 1, 1969 (equivalent to notification under Section 4 of the Land Acquisition Act.) The Special Land Acquisition Collector-cum-Competent Authority, Jalludur, determined compensation for the acquire land on February 4, 1971 on the following rates;-

(3.) As far as the grant of solatium at the rate of 15% on the amount of compensation awarded is concerned, the matter already stands decided by the Supreme Court as well as by this Court. In Satinder Singh and others v. Amrao Singh and others, 1961 3 SCR 676, while referring to the Old Act of 1948, observed that the mere fact that Section 5 of the Act intended to exclude the application of this general rule in the matter of payment of interest. The view taken by the Punjab High Court in Surjan Singh v. The East Punjab Government, Amritsar, 1957 AIR(P&H) 265 was approved. In that case the Divisions Bench had held that compensation is to be fixed in accordance with Section 23(1) of the Land Acquisition Act for the land acquired under the Defence of India Act. The above view was followed by the Supreme Court in Hirachand Kothari (dead) through Lrs v. State of Rajasthan & anr., 1985 Supp1 SCR 644. Following the two aforesaid decisions the Surpreme Court in Abhay Singh Surana & Ors. v. The Secretary, Ministry of Communication & Ors.,1988 1 AllLR 231, held that under the provisions of the REquisitioning and Acquisition of Immovable Property Act, 1952, the claimants would be entitled to interest on the amount compensation awarded.