MITHA SINGH & ANR. Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against the order of the Additional District Judge, Bathinda dated 17th Nov., 1987, whereby solatium at the rate of 30 per cent was allowed on the enhanced sum of Rs. 1405.00 with interest at the rate of 9 per cent per annum for the first year if the compensation is not paid or deposited on or before taking possession of the land and at the rate of 15 per cent per annum from the date of expiry of period of one year.

(2.) The land of the petitioners with superstructure and tube well was acquired under the Land Acquisition Act. The land reference for enhancement of market value was filed and proceedings continued even after April, 1982 when the Land Acquisition Amending Act of 1984 had come into force. The land reference was decided on 17th May 1982 by the Additional District Judge Bathinda whereby the compensation was enhanced by Rs. 1405.00. The present application was filed on behalf of the claimants under Sections 151, 152, 153 of the Code of Civil Procedure and Sec. 30 of the Central Act No. 68 of 1984 for claiming enhanced solatium and interest in view of the Amending Act. The Additional District Judge has allowed solatium at the rate of 30 per cent but not on the total market value but only on the enhanced amount of Rs. 1405.00. Similar is the position with regard to awarding interest.

(3.) The learned Counsel for the petitioners submitted that they are entitled to solatium at the rate of 30 percent on the total market value and not only on the enhanced amount of Rs. 1405.00 and similarly the interest is also payable on the entire amount of compensation.