JAGIR SINGH ETC. Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) IN this application under Sections 151, 152 and 153, Code of Civil Procedure Code, the learned Counsel for the Petitioners contends that in addition to solatium at the rate of 30% under Section 23(2) of the Land Acquisition Act, 1894 (hereinafter called 'the Act), and interest at the rate of 9% per annum from the date of taking possession for a period of one year and 15% thereafter till the date of payment, as allowed to the Petitioners vide our judgment dated 17.9.1985, they are also entitled to compensation at the rate of 12% per annum from the date of notification under Section 4 of the Act till the date of award as envisaged by Section 23(1 -A) of the Act introduced by the Land Acquisition (Amendment and Validation) Act, 1984 (Act No. 63 of 1984).

(2.) IN support of this contention he relies on a Division Bench judgment of the Delhi High Court in C. M. No. 1238 of 1984 in R. F. A. No. 10 of 1972 (Ranjit v. Union of India R.F.A No 10 of 1972) decided on 18.12.1984, and a Single Bench of this Court in R.F.A. No. 488 of 1984 (Puran v. State of Haryana R.F.A. No. 488 of 1984) decided on 23.9.1985. Sub -section (1 -A) ibid reads as under:

(3.) HAVING heard the learned Counsel for the parties, we find substance in this contention of the Petitioner's counsel. We accordingly allow this application and amend our judgment dated 17.9.85 so as to add the following paragraph at its end: