BIKKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of Civil Revision Nos. 756 of 1988 and 757 of 1988 as common questions of law and fact are involved.

(2.) These petitions are directed against the order of the learned Additional District Judge, Bhatinda dated 19.12.1987 dismissing two separate applications of the petitioners for allowing interest at the rate of 15% in terms of the provisions of amended section 28 of the Land Acquisition Act, 1894 .

(3.) The land of the petitioners appears to have been acquired under the provisions of the Land Acquisition Act, 1894 . A reference was made under section 18 of the Act. The learned Additional District Judge, Bhatinda, by order dated 17.9.1985 disposed of the reference and inter alia granted solatium at the rate of 30% and interest at the rate of 9% and 12% under section 28 of the Act as amended by Act No. 68 of 1984. No appeal appears to have been filed against the said order of the learned Additional District Judge. The petitioners thereafter made petitions under section 151, 152 and 153 of the Code of Civil Procedure and the precise prayer made was that instead of 12% the interest should have been allowed at the rate of 15% per annum.