HARI NAND JASWAL Vs. STATE OF H.P.

JUDGEMENT

(1.) This application has been filed by applicant -claimant Hari Nand Jaswal under Section 151 of the Code | of Civil Procedure for recalling the orders dated 8.10.1998 passed by this Court \ in Regular First Appeal (LA) No.80/88.

(2.) The facts, in brief, giving rise to the this application are that a track of the land of applicant situated in Grasmere Estate (Venvilla), Summerhill, Shimla was acquired by the respondents for the purpose of establishment of Himachal Pradesh University by Notification under Section 1 of the Land Acquisition Act issued on 19.3.1971. The Land Acquisition Collector passed award on 28.3.1972. On reference to the District Judge, the amount of compensation was enhanced by award dated 21.5.1983. The State of Himachal Pradesh and Collector, Land Acquisition, filed Regular First Appeal (LA) No.80/1983 in this Court challenging the award of the learned District Judge, Shimla. The said appeal along with RPA (LA) No. 79/1983 and Cross Objection No. 15 of 198 was decided by a Division Bench of this court by judgment and decree dated October 8, 1993 whereby the amount of compensation awarded by the learned District Judge in favour of the applicant - claimant was upheld. Solatium @ 15% and interest @ 6% was awarded by this Court on the enhanced amount of compensation to the applicant - claimant.

(3.) It appears that both the parties were satisfied with the judgment passed by this court on 8.10.1993 as we are told that no appeal was carried the said judgment to the Supreme Court. Himachal Pradesh University though its Registrar filed an application being CMP No. 120/2000 under Section 151 of the Code of Civil Procedure seeking to issue directions to the applicant -claimant to refund an amount of Rs.59,010.60 with interest @ 18% p.a. accrued there on which was received by the applicant -claimant in excess of the amount of his entitlement as per the judgment of this Court. During the tendency of the said application, the applicant -claimant has filed the present application on 27th July, 2000 under Section 151 CPC stating inter alia that the judgment passed by this Court in RFA (LA) No. 80/83 dated 9.10.1998 granting solatium @ 15% and interest @ 6% p.a. on the enhanced amount of compensation was contrary to law as contained in Section 23 (1 -A) and Sub Section (2) of Section 23 of the Land Acquisition Act, 1891 which provide for grant of interest @ 12% p.a. on the market value of the land and for grant of solatium @ 30% on such market value. The award on reference petition filed by the applicant -claimant under Section 18 of the Land Acquisition Act (hereinafter for short Act) was passed by the learned District Judge on 21.5.1983 and the benefit of amended provisions of Section 23(1 -A) and 23(2) of the Act was required to be given by the District Judge in his award as well as aforesaid benefits were payable to the applicant by judgment passed by this Court in RFA (LA) No. 80/83. The claim of the applicant -claimant was that he should have been awarded solatium and interest as per law laid down by five Judge Bench of the Supreme Court in Union of India v. Raghubir Singh, AIR 1989 SC 1933 (Sic) in which it has been held that in the matter of acquisition of land in which the award is passed by the Land Acquisition Collector or the District Judge under Section 18 of the Act between 30.1.1982 to 21.9.1981, the benefit of amended Section 23(1 -A) and 23(2) are applicable and the persons whose land are subject matter are entitled to solatium and interest as per Land Acquisition (Amendment) Act, 1981 (Act No.68 of 1981), which came into force w.e.f September 21, 1981. The legal position as settled in Raghubir Singhs case (supra) was reiterated by the apex court in Prabh Singh Dhillon & Ors. v. Hoshiarpur Improvement Trust & Ors. 1996(1) SCC 309. The applicant has claimed that the judgment dated 8.10.1993 passed by this Court in RFA No.80/83 is contrary to law as laid down by the Supreme Court in these two judgments and the claimant is entitled to solatium @ 30% and interest @ 20% per annum.