HINDUSTAN ZINC LTD Vs. GOKAL

JUDGEMENT

(1.) WITH the consent of the parties, ``these appeals have been heard finally.

(2.) THERE is a short dispute between the parties whether the agriculturists, whose land was acquired, are entitled for solatium as per sub-section (2) of Section 23 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act of 1894) and additional amount calculated at the rate of 12% per annum on market value of the land from the date of publication of notification under Section 4 (1) till the date of award or date of taking possession of the land whichever is earlier under sub- section (1) (A) of Section 23 of the Act of 1894.

(3.) THEREAFTER, it is observed that the above disputed question could not have been gone into by the learned Land Acquisition Officer and, in these circumstances, the matter was referred to the Civil Court. After directions from this Court in the above Writ Petition No. 180/90, the learned Land Acquisition Officer sent the matter to the Civil Court under Section 18 of the Act, upon which the learned Civil Judge (Sr. Div. Chittorgarh, after giving opportunity of hearing to the parties, by order dated 13. 7. 1998, held that the amount of solatium and additional amount are not included in the amount agreed upon in the agreement and, therefore, also not included in the award. Hence, the learned Civil Judge (Sr. Div.) Chittorgarh held that the agriculturists claimants are entitled for the amount of 30% solatium and additional amount at the rate of 12% per annum and, thereafter, by separate order dated 9. 10. 1998 determined the amount for each claimant.