KEHAR SINGH Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI AND ANOTHER

JUDGEMENT

(1.) THIS application has been filed on behalf of Kehar Singh under sections 151, 152 and 153 of the Code of Civil Procedure read with section 30 of Central Act No. 68 of 1984.

(2.) LAND measuring 1646 Kanals 2 Marlas situated in revenue estate of Landeke, Dusanjh and Moga Mehla Singh was requisitioned for a public purpose in December, 1965. The said land was acquired subsequently vide notification dated February 4, 1972 under section 7 of the Requisitioning and Acquisition of Immovable Property Act, 1962. The Special Land Acquisition Collector passed an order on March 15, 1972 fixing the compensation of the acquired land. The matter was referred to the Arbitrator appointed under section 8(1)(b) of the said Act. The Arbitrator gave the award. The matter was taken up in the High Court. A Single Judge of the High Court enhanced the compensation but declined the claim for solatium. Letters Patent Appeal No. 872 of 1981 was filed which was decided on December 21, 1982. The appeal was accepted. Solatium at the rate of 15 per cent of the compensation fixed was allowed in addition to market value of the land.

(3.) THE matter in controversy is covered by two decisions of this Court as has been pointed out by the counsel for the petitioner. In Maya Devi and others v. Union Territory of Chandigarh, 1988 P.L.J. 189. H.N. Seth C. Land M.S. Liberhan J. in para 9 of the judgment observed as under: -