UNION OF INDIA Vs. AJIT SINGH

JUDGEMENT

(1.) Whether the learned Single Judge was justified in giving the benefit of Section 23(1-A) of the land Acquisition Act to the respondents on an application filed by them Under Sections 151, 152 and 153 of the Code of Civil Procedure is the only question which arises for adjudication in this appeal filed by the Union of India and, in our opinion, the issue must be treated as concluded against the respondents by the judgments of the Supreme Court in State of Maharashtra v. Maharau Sarwan Hatkar, J.T. 1995 (2) S.C. 532; State of Punjab v. Babu Singh, (1995-2)110 P.L.R. 292 (S.C.) and Union of India v. Sube Ram and Ors., J.T. 1996(10) S.C. 529 and also by a judgment of this Court in The Hoshiarpur Improvement Trust v. The President, Land Acquisition Tribunal Hoshiarpur and Anr., (1996-3)114 P.L.R. 175.

(2.) Admittedly, the proceedings were initiated under the Punjab Requisition and Acquisition of Immovable Property Act, 1952 many years prior to the insertion of Section 23(1-A) in the land Acquisition Act, 1894. Pursuant to the notification dated 10.8.1977 issued by the Government of Punjab, the Senior Sub Judge, Gurdaspur was appointed as Arbitrator. He gave the award on 5.10.1977. F.A.O. No. 44 of 1978 was dismissed by the learned Single Judge on 6.4.1983. After, four years and three months of the dismissal of the appeal, the respondents filed C.M. No. 3496-CII of 1987 Under Sections 151, 152 and 153 of the Code of Civil Procedure for awarding solatium and the interest at the enhanced rate in accordance with the Land Acquisition (Amendment) Act, 1984 which came into force w.e.f 24.9.1984. The appellant-Union of India opposed the maintainability of the application on the following grounds :-

(3.) After hearing the counsel for the parties, the learned Single Judge allowed the application filed by the respondents in terms of the order dated 14.8.1987 passed in CM. No. 1310-C-1 of 1987 in R.F.A. No. 107 of 1982.