State of Haryana & Ors. Vs. Shri Om Prakash Bhasin (D) by L.rs. & Ors.
EmailAppeal: Civil Appeal No. 7716 of 1994
(From the Judgment and Order dated 25.3.85 of the Punjab & Haryana High Court in L.P.A. No. 581 of 1981)
(From the Judgment and Order dated 25.3.85 of the Punjab & Haryana High Court in L.P.A. No. 581 of 1981)
Petitioner: State of Haryana & Ors.
Respondent: Shri Om Prakash Bhasin (D) by L.rs. & Ors.
Apeal: Civil Appeal No. 7716 of 1994
(From the Judgment and Order dated 25.3.85 of the Punjab & Haryana High Court in L.P.A. No. 581 of 1981)
(From the Judgment and Order dated 25.3.85 of the Punjab & Haryana High Court in L.P.A. No. 581 of 1981)
Judges: A.S. ANAND & M. SRINIVASAN, JJ.
Date of Judgment: Sep 25, 1997
Appearances:
Mr. Prem Malhotra, Advocate for the appellants.
Mr. Ravindra Bana, Advocate for the Respondents.
Mr. Ravindra Bana, Advocate for the Respondents.
Head Note:
LAND LAWS
LAND ACQUISITION ACT, 1894 :
Section 23(1A) as introduced from 1984 Amendment Act – Solatium and interest – Held Award having been made prior to 1982 Section 23(1A) did not apply as held in Paripoornan’s judgement JT 1994(6) SC 182 – No solatium – Interest only at 6%.
LAND ACQUISITION ACT, 1894 :
Section 23(1A) as introduced from 1984 Amendment Act – Solatium and interest – Held Award having been made prior to 1982 Section 23(1A) did not apply as held in Paripoornan’s judgement JT 1994(6) SC 182 – No solatium – Interest only at 6%.
Cases Reffered:
1. K.S. Paripoornan (II) v. State of Kerala & Ors. 1995 (1) SCC 367.(Para 4)
2. K.S. Paripoornan v. State of Kerala & Ors. JT 1994(6) SC 182 = 1994 (5) SCC 593.(Para 4)
2. K.S. Paripoornan v. State of Kerala & Ors. JT 1994(6) SC 182 = 1994 (5) SCC 593.(Para 4)
JUDGEMENT:
O R D E R
1. Delay condoned.
2. In this appeal which is directed against the judgment and order of the High Court, dated 25.3.1985, notice issued by this Court was limited to the question of solatium and interest only.
3. Notification under Section 4 of the Land Acquisition Act (hereinafter the Act) was issued on 7.10.1971. The Land Acquisi-tion Collector made an Award giving compensation of the acquired land @ Rs. 200/- per marla. The respondent sought a reference under Section 18 of the Act against the award of the Land Acqui-sition Collector and the learned District Judge, Gurgaon, vide an Award, dated 10.10.1978 allowed compensation @ Rs. 10/- per square yard. The respondent challenged the award of the District judge in the High Court. A learned Single judge, vide judgment and order dated 28.1.1981 allowed the appeal and enhanced the compensation from Rs. 10/- per square yard to Rs. 12/- per square yard. The respondent took the matter further in appeal to the Division Bench. The Division Bench further raised the compensa-tion to Rs. 15/- per square yard. The Division Bench also held the respondent entitled to solatium @ 30% on the increase of Rs. 3/- per square yard, besides interest @ 9% per annum for one year from the date of possession of the land and @ 15% per annum thereafter till the date of payment. The Division Bench pro-nounced the judgment on March 25, 1985. Hence, this Appeal.
4. Mr. Prem Malhotra, learned counsel for the appellants sub-mits that the Award of solatium @ 30% under the provisions of Section 23(1-A) of the Act, as introduced by the Amending Act, could not have been granted to the respondent in view of the judgment of this Court in K.S. Paripoornan v. State of Kerala & Ors. JT 1994(6) SC 182 = 1994 (5) SCC 593. It is also submitted that since the Award was made prior to 1982 and even the District Judge disposed of the reference under Section 18 of the Act prior to 1982, interest @ 9% and 15% was not admissible to the respond-ent. Reliance in that behalf is placed on K.S. Paripoornan (II) v. State of Kerala & Ors. 1995 (1) SCC 367.
5. The submission made by Mr. Malhotra is well founded. Both the issues are squarely covered by the judgments, noticed above. We, therefore, accept this appeal in part and set aside the judgment and order of the High Court, dated 25.3.1985 and hold that the respondents are not entitled to grant of any solatium and that the rate of interest shall be confined to 6% per annum only. With this modification in the judgment and order of the High Court dated 25.3.1985, the appeal is disposed of. There shall, however, be no order as to costs.
1. Delay condoned.
2. In this appeal which is directed against the judgment and order of the High Court, dated 25.3.1985, notice issued by this Court was limited to the question of solatium and interest only.
3. Notification under Section 4 of the Land Acquisition Act (hereinafter the Act) was issued on 7.10.1971. The Land Acquisi-tion Collector made an Award giving compensation of the acquired land @ Rs. 200/- per marla. The respondent sought a reference under Section 18 of the Act against the award of the Land Acqui-sition Collector and the learned District Judge, Gurgaon, vide an Award, dated 10.10.1978 allowed compensation @ Rs. 10/- per square yard. The respondent challenged the award of the District judge in the High Court. A learned Single judge, vide judgment and order dated 28.1.1981 allowed the appeal and enhanced the compensation from Rs. 10/- per square yard to Rs. 12/- per square yard. The respondent took the matter further in appeal to the Division Bench. The Division Bench further raised the compensa-tion to Rs. 15/- per square yard. The Division Bench also held the respondent entitled to solatium @ 30% on the increase of Rs. 3/- per square yard, besides interest @ 9% per annum for one year from the date of possession of the land and @ 15% per annum thereafter till the date of payment. The Division Bench pro-nounced the judgment on March 25, 1985. Hence, this Appeal.
4. Mr. Prem Malhotra, learned counsel for the appellants sub-mits that the Award of solatium @ 30% under the provisions of Section 23(1-A) of the Act, as introduced by the Amending Act, could not have been granted to the respondent in view of the judgment of this Court in K.S. Paripoornan v. State of Kerala & Ors. JT 1994(6) SC 182 = 1994 (5) SCC 593. It is also submitted that since the Award was made prior to 1982 and even the District Judge disposed of the reference under Section 18 of the Act prior to 1982, interest @ 9% and 15% was not admissible to the respond-ent. Reliance in that behalf is placed on K.S. Paripoornan (II) v. State of Kerala & Ors. 1995 (1) SCC 367.
5. The submission made by Mr. Malhotra is well founded. Both the issues are squarely covered by the judgments, noticed above. We, therefore, accept this appeal in part and set aside the judgment and order of the High Court, dated 25.3.1985 and hold that the respondents are not entitled to grant of any solatium and that the rate of interest shall be confined to 6% per annum only. With this modification in the judgment and order of the High Court dated 25.3.1985, the appeal is disposed of. There shall, however, be no order as to costs.
