BAKHTAUR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner's land measuring 47 Bighas 4 Biswas situated within the revenue estate of Bhatinda was requisitioned by the District Magistrate, Bhatinda, under section 23 of the Defence of India Act, 1971, for the purposes of establishing Military Cantonment in Bhatinda. Later on, the aforesaid land was acquired by the Union of India and the petitioner was paid compensation therefor.

(2.) The petitioner, feeling aggrieved of having been paid less compensation, applied for reference to the Arbitrator as was done in various other cases similarly situated. Further, the petitioner has not been paid any solatium and interest in addition to the amount of compensation for the land acquired by the Union of India. This has compelled the petitioner to approach this Court way of writ petition under Articles 226 and 227 of the Constitution of India, wherein he has prayed for directing the respondent to make a reference of the Arbitrator for enhancement of compensation for the land in dispute and also for grant of solatium and interest over and above the amount of compensation.

(3.) In the return filed by the respondents, it has been denied that the petitioner had made by any application for reference to the Arbitrator or that the amount of compensation was accepted by the petitioner under protest. However, so far as the question of solatium and interest over and above the amount of compensation is concerned, the plea taken by the respondents is that the land of the petitioner had been acquired under the Defence of India Act under which no provision was made for payment of solatium at the rate of 15 per cent and interest at the rate of 6 per cent on the amount of compensation assessed.