UNION OF INDIA Vs. HARIA DEVI

JUDGEMENT

(1.) ALL these appeals are directed against the common judgment passed by the learned Single Judge in Misc. Appeal Nos. 8 to 45 of 1997(R). By the said judgment all the aforementioned appeals filed by the appellant Union of India through Central Coalfields Ltd. has been allowed in part.

(2.) THE sole question that arises for consideration in these appeals is whether the Tribunal constituted under Section 14 of the Coal Bearing Area (Acquisition and Development) Act, 1957 was justified in awarding interest and solatium in absence of any such provision in the said Act of 1957 :

(3.) THE claimant/awardees filed several reference cases under Section 14(2) of the said Act of 1957 for payment of enhanced compensation. According to the claimants the sale rate of the lands similar to the acquired lands was from Rs. 3000/ - to Rs. 5000/ - per decimal. According to their case village Govindpur was surrounded by all sorts of commercial and industrial activities, such as, thermal power station, pitch road, collieries, daily market, colleges, cinema etc., though it was shown as agricultural lands, it ought to have been treated as urban land and their price should be in higher side. The awardees claimed compensation of Rs. 3000/ - to Rs. 5000/ - per decimal. The tribunal so constituted under Section 14(2) of the said Act of 1957, after hearing the parties passed judgment dated 30th March, 1996 enhancing the rate of compensation at flat rate of Rs. 70,000/ - per acre and also allowed the benefits as provided under Section 23(1) -A, 23(2) and 28 of the Land Acquisition Act and thereby allowed solatium at the rate of 30% of market value and interest at the rate of 9% per annum for the first year and 15% per annum for the subsequent year. Against the aforesaid judgment of the Tribunal present appellant filed miscellaneous appeals before this Court. Learned Single Judge by the impugned judgment allowed the appeal in part by reducing market rate of the land from Rs. 700 per decimal to Rs. 500/ - per decimal and accordingly judgment of the tribunal was modified to that extent only. Hence these Letter Patent Appeals.