HARDIAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant herein had filed a Letters Patent Appeal against the judgment of the Land Acquisition Judge, determining compensation for the applicant's land which had been acquired by Union of India.

(2.) On 30. 4.1982 the Land Acquisition (Amendment ) Bill, 1982 was introduced in the Lok Sabha. This Bill was passed by the Parliament and the Act was enforced on 24.9.1984. It was titled as Act 68 of 1984. By virtue of Section 30 Sub Section (2) of this Act, the amended provisions of Section 23 Sub Section (2) and Section 28 were made applicable to the proceedings for or arising out of acquisition of land pending on 30.4.1982 or which were commenced after that date, even though they might have come to an end before the commencement of the amending Act. The applicant's Letters Patent Appeal was pending on 30.4.1982. It has been decided by the Division Bench on 8.12.1982. It was held that the claimant whose land was situated beyond 500 metres from the municipal limits of Bhatinda town would be entitled to compensation at the rate of Rs. 8/- per Square Yard. Besides the above, the claimant would be entitled to 15% Solatium and interest at the rate of 6% per annum. on enhanced amount from the date of taking over possession till payment. Because of the application of the amended provisions of Section 23 Sub Section (2) and Section 28, applicant has become entitled to solatium at the rate of 30 per cent interest of 15 per cent as awarded and interest at the rate of 9 per cent on the amount of compensation from the date on which the authorities took possession of the land and interest at the rate of 15 per cent per annum after the date of expiry of a period of one year from the date on which possession was taken. It has been so held by the final Court in Bhag Singh and others v. Union Territory of Chandigarh, 1985 AIR(SC) 1576 and Division Bench of this Court in C.M. No. 255/C.I. of 1985, Som Nath v. State of Haryana and others, 1988 1 RRR 10, decided on 12.9.1985. Respectfully following the dicta in the above mentioned decisions, we amend the judgment dated 8.12.1982 of the Division Bench and direct that the respondent shall pay the applicant solatium at the rate of 30 per cent on the market value of the acquired land as determined by this Court and interest at the rate of 9 per cent for the first year from the date of their dispossession by the Land Acquisition Collector and at the rate of 15 per cent thereafter till the date of actual payment of the enhanced amount of compensation. These payments, would, however, by subject to what has already been paid to the claimant by way of interest and solatium on the enhanced amount of compensation. No costs. Order accordingly.