KIKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment shall also dispose of Civil Revision No. 3111 of 1988 as common question of law and fact is involved in both these Revision Petitions.

(2.) For the purpose of disposing of these Revision Petitions, facts which are pari materia with the facts of Civil Revision No. 3111 of 1988, are taken from this Revision Petition.

(3.) The factual matrix is that the land of the petitioner was acquired under the Land Acquisition Act. Compensation was awarded by the Collector. The petitioner preferred objections under Section 18 of the Land Acquisition Act and prayed for reference to the Additional District Judge, who finally disposed of the reference vide his order dated 9th January, 1985. While disposing of the said reference, the Additional District Judge awarded 30% solatium and 9% per annum interest as envisaged by the amended provisions of the Land Acquisition (Amendment) Act, 1984. The petitioner preferred an application under sections 151, 152 and 153 of the Code of Civil Procedure claiming that the award of the Additional District Judge be modified and the petitioner be awarded interest at the rate of 15% after the expiry of one year from the date on which the possession was taken till the amount was deposited with the Additional District Judge. Amendment of the award was sought in the above terms in view of the provisions of section 28 of the Land Acquisition Act. The petitioner further claimed for modification of the award to the effect that 12% per annum be awarded on the compensation from the dated of notification under section 4 till the award was made in terms of section 23 (1-A) of the Land Acquisition Act, as amended.