UNION OF INDIA Vs. SPECIAL LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This shall dispose of Civil Writ Petitions No. 148, 149, 150, 151, 152, 155, 157, 158, 159, 161, 162, 163, 164, 165, 166, 167, 169, 171, 172, 174, 175, 178, 179, 181, 183, 188, 194, 190, 192, 196, 197, 199, 198 and 200 of 1994. For facility of reference, facts are taken from Civil Writ Petition No. 172 of 1994.

(2.) Challenge in this writ petition by the Union of India is to the award passed by the Special Land Acquisition Collector under Section 28-A of the Land Acquisition Act, 1894, (hereinafter referred to as 1894 Act) redetermining the compensation of the land..

(3.) For the purpose of establishment of military cantonment, the lands belonging to the respondents at Bhatinda along with the lands of other land-owners were requisitioned under the provisions of Defence of India Act, 1971. Subsequently, in the year 1975, the said lands were acquired under the provisions of Defence of India Act, 1971. The Defence of India Act was replaced and the residual matters following upon the requisition or acquisition of lands thereunder were brought under the provisions of Requisitioning and Acquisitioning of Immovable Property Act, 1952 (in short the 1952 Act). The compensation in respect of the lands was paid to the respondents and other land owners similarly situated under the provisions of the 1952 Act. Respondents did not make any claim for enhancement of the compensation, but some of the land owners who were not satisfied with the compensation awarded, made reference to the Arbitrator for enhancement of compensation. The Arbitrator appointed under Section 8 of the 1952 Act vide awards dated 19.1.1985 and 20.11.1987 enhanced the compensation. The Arbitrator also awarded solatium at the rate of 30 per cent and interest at the rate of 9 per cent for the first year and thereafter, 15 per cent per annum till realisation. On the basis of awards of the Arbitrator whereby compensation was redetermined, respondents 2 to 5 filed applications under Section 28-A of the Land Acquisition Act for redetermination of the compensation of the land acquired. The Special Land Acquisition Collector vide the impugned award accepted the applications and on redetermination, enhanced the compensation. The grievance of the petitioner is that the provisions of 1894 Act are not applicable to the lands acquired under the Defence of India Act or the 1952 Act. Petitioner, thus, has prayed that the impugned award being without jurisdiction, be set aside. Upon notice of the petition, respondents 2 to 5 in their detailed written statement have contended that the writ petition is liable to be dismissed on the ground that the petitioner has suppressed material facts. Respondents 2 to 5 have contended that on acquisition, only compensation was paid but no amount towards interest and solatium was determined. It is contended that the respondents filed Civil Writ Petition No. 4983 of 1976 claiming interest on the amount of compensation and that writ petition was allowed. The Union of India filed Special Leave Petition No. 74 of 1978 in the Hon'ble Supreme Court which was dismissed on 4.9.1984. Respondents 2 to 5 have further averred that they filed another writ petition, namely C.W.P. No. 1813 of 1978 claiming solatium on the amount of compensation and the said Writ Petition was also allowed on 16.4.1982. It is contended that the right of respondents 2 to 5 to claim interest and solatium has been finally settled inter-parties in the earlier litigation and therefore, the present writ petition is liable to be dismissed. Respondents 2 to 5 have further contended that the writ petition is also liable to be dismissed being highly belated. It is contended that the award impugned is dated 30.5.1988 whereas the writ petition has been filed in January, 1994. It is also contended that simply because the respondents have accepted the compensation will not bar the applicability of Section 28-A of the 1894 Act.