DAVINDER NATH KATARIYA Vs. HARYANA STATE

JUDGEMENT

(1.) THIS order will dispose of Civil Revision Petitions Nos. 1010 to 1018 of 1989 and No. 265 of 1991, as the question involved is common in all these cases.

(2.) FOR deciding the law point, the facts of one case, i. e. , Civil Revision No. 1010 of 1989 Devinder Nath Katariya v. Haryana State are briefly stated. The petitioner's land was acquired vide notification dated 30. 8. 1977 under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act' ). The Collector gave his award on 14. 2. 1979 at the rate of Rs. 7. 23 paise per square yard, besides solatium at the rate of 15 per cent. The amount determined by the Collector was paid on that very day. The Additional District Judge, on reference under Section 18 of the Act, enhanced the compensation on 1. 4. 1985 and determined the market value of the acquired land at the rate of Rs. 25/- per square yard. The Additional District Judge also held that the claimants are entitled to solatium at the rate of 30 per cent and interest at the rate of 9 per cent per annum. Regular First Appeals were filed in this Court, which were allowed and the market value of the acquired land was fixed at Rs. 39/- per square yard instead of Rs. 25/- per square yard. This Court held that the landowners were further entitled to solatium at the rate of 30 per cent, besides interest at the rate of 9 per cent annum for one year and 15 per cent per annum thereafter.

(3.) THE amount of the award, as determined by the Collector, was paid on 14. 2. 1979 and the amount of the award, as determined by the Additional District Judge was paid when the regular first appeals were pending in this Court. Execution proceedings, out of which the present revision petition has arisen, were taken out by the landowners after the order of this Court fixing the market value of the acquired land at Rs. 39/- per square yard.