GURINDER SINGH @ GURINDERJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present judgment shall dispose of two writ petitions i.e. CWP No. 20361 of 2017 Gurinder Singh @ Gurinderjit Singh vs. Union of India and others and CWP No. 20460 of 2017 Surjit Singh and others vs. Union of India and others (O&M) as common question of law and the facts are involved in the aforementioned two cases. For brevity, the facts are being extracted from CWP No. 20361 of 2017.

(2.) The prayer in the present writ petition filed under Articles 226/227 of the Constitution of India is for directing the respondents to pay the statutory benefits available to the petitioner under Section 23(1-A), 34 as per the Land Acquisition Act, 1894 (for short '1894 Act') on the delayed amount of compensation awarded by way of supplementary award dated 20.07.2015. The writ in the nature of certiorari is for quashing the order dated 29.12.2014 (Annexure P-3) to the extent that it denies the benefit of Section 23(1-A) and Section 34 of 1894 Act is also prayed for.

(3.) The case of the petitioner is that an award was passed on 21.12.2009 (Annexure P-1) in view of the acquisition done under the National Highways Act, 1956. The petitioner approached this Court by way of filing CWP No. 20497 of 2014 for grant of solatium and other statutory benefits, which was disposed of on 01.10.2014 (Annexure P-2) with a direction to the respondents to take action in view of the judgment passed by the Division Bench of this Court in M/s Golden Iron and Steel Forgings vs. Union of India 2011 (4) RCR (Civil) 375. The relevant part reads as under:-