UNION OF INDIA Vs. GIAN CHAND

JUDGEMENT

(1.) These three miscellaneous applications can be dealt with and disposed of by a common order.

(2.) Not satisfied with the amount of compensation awarded by the Additional District Judge, the Union of India filed three appeals before the High Court which were numbered as F.A.Os. 451, 452 and 453 of 1982. Eventually the said appeals were dismissed as barred by time by on November 16, 1982, by following orders :-

(3.) Land Acquisition Act, 1894 , was amended by the Land Acquisition (Amendment) Act, 1984, whereby amendments were made in section 23(2) and section 28 of the Land Acquisition Act, 1894 , so as to enhance the amount of solatium payable on account of compulsory acquisition from 15 per cent to 30 per cent as also the interest to be paid under Section 28 from 6 per cent to 9 per cent for the first year and thereafter to 15 per cent for the subsequent years for every year that the amount remained unpaid. The applicants filed the present applications on January 8, 1987, praying that in view of the amendments made in the Land Acquisition Act by the Land Acquisition (Amendment) Act, 1984, the decree and memo of costs be amended so as to provide for the grant of solatium at the rate of 30 per cent and interest at the rate of 9 per cent for the first year and 15 per cent for each year thereafter till the amount remained unpaid.