SOM NATH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) What needs to be settled in these eighty-three Civil Misc. Applications (detailed in Annexure 'A' to this judgment) before us on a reference is as to whether the petitioner-claimants whose respective regular first appeals fixing the market value of their acquired lands were finally disposed of by this Court during the period April 30, 1982 to September 24, 1984, are entitled to the benefits conferred by sections 23(2) and 28 of the Land Acquisition Act, 1894 (for short, the Act) as amended by Act No. 68 of 1984, published on September 24, 1984. Vide these judgements solatium and interest had been allowed to these claimants @ 15% and 6% respectively on the enhanced amount of compensation in terms of the above-noted provisions as these stood then. When the matter was argued before me in Single Bench, I was tentatively of the view that the enforcement of the latter mentioned Act with effect from September 24, 1984 would not rob the earlier judgments or decrees of their finality. But since the matter was of considerable importance. I referred it to a larger Bench and that is how it is before us now. The relevant provisions of Act No. 68 of 1984, which governs the situation, is sub-section (2) of section 30 which reads as follows :-

(2.) In the light of the above, we accept these applications and amend the respective judgments and decrees and order that instead of 15% solatium and 6 interest as awarded earlier, the claimants would be paid solatium and interest in the light of the amended sections 23(2) and 28 of the Act. For clarity's sake it may be mentioned that they would be paid solatium at the rate of 30% on the market value of the acquired land as determined by the Court and interest at the rate of 9% for the first year from the date of their dispossession by the Land Acquisition Collector and at the rate of 15% thereafter till the date of actual payment of the enhanced amount of compensation. These payments, however, would be subject to what has already been paid, if any, to the claimants by way of interest or solatium on the enhanced amount of compensation. We pass no order as to costs.