LAWS(P&H)-1987-9-154

CHUNI LAL Vs. STATE OF HARYANA

Decided On September 25, 1987
CHUNI LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This application has been filed under Section 152 of the Code of Civil Procedure, for amendment of the judgment of this Court dated 18th April, 1979, passed in R.F.A. No. 64 of 1973, relating to the acquisition of land, so as to award interest at the rate of 15% instead of 6% and the benefits of Section 23 (1-A). However, at the time of arguments, the relief claimed was only confined under the provisions of Sub-section (2) of Section 30 of the Land Acquisition (Amendment) Act, 1984, which provides that the provisions of Section 34 of the Principal Act, as amended by Section 20 of this Act, shall also apply in every case in which possession of any land acquired under the principal Act had been taken before the 30th day of April, 1982, and the amount of compensation for such acquisition had not been paid or deposited under Section 31 of the Principal Act until such date, with effect on and from that date. It has been averred in the application that major amount has not been paid till today. The learned counsel for the respondent does not dispute that the applicants are entitled to the benefits of Section 34 as amended and the impugned judgment is liable to be modified to that extent.