SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision arises out of the order of the Executing Court dated 6th of March, 1979, declining the prayer of the petitioners for the grant of 6% interest and 15% solatium on the enhanced amount of Rs. 1,05,000/- on which they had paid the Court-fee in this Court.

(2.) In land acquisition proceedings some land of Tek Chand, who is now represented by the petitioners as his legal representatives, was acquired and he was awarded compensation first by the Land Acquisition Collector which matter came before the District Judge. The claimant was dissatisfied with the award of the Additional District Judge, Gurgaon, and filed R. F. A. No. 422 of 1969, in this Court and paid Court-fees of Rs. 3,368.80 for further enhancement of compensation by Rs. 1,05,000/-. in the prayer clause of the grounds of appeal, he stated as follows:-

(3.) After the judgment of this Court, the petitioners filed an application for execution for obtaining Rs. 1,05,000/- plus 15% solatium and 6% interest as awarded by the High Court. The Executing Court by the impugned order found that the petitioners were only entitled to a total amount of Rs. 1,05,000/ inclusive of 15% solatium and 6% interest in view of the prayer made in the grounds of appeal, little caring for the operative part of the order of the High Court. It is also important to note that the State had deposited Rs. 1,98,700.99 in accordance with the order of the High Court which amount represented Rupees 1,05,000/- as enhanced compensation, 15% solatium and 6% interest from the date of taking possession till the payment.