Tehri Hydro Development Corpn. Vs. Sh. S.P. Singh & Ors.
Appeal: Civil Appeal No. 15486 of 1996
(Arising out of SLP (C) No.16552 of 1996)
(From the Judgment and Order dated 22.3.96 of the Allahabad High Court in F.A. No. 120 of 1995)
(Arising out of SLP (C) No.16552 of 1996)
(From the Judgment and Order dated 22.3.96 of the Allahabad High Court in F.A. No. 120 of 1995)
Petitioner: Tehri Hydro Development Corpn.
Respondent: Sh. S.P. Singh & Ors.
Apeal: Civil Appeal No. 15486 of 1996
(Arising out of SLP (C) No.16552 of 1996)
(From the Judgment and Order dated 22.3.96 of the Allahabad High Court in F.A. No. 120 of 1995)
(Arising out of SLP (C) No.16552 of 1996)
(From the Judgment and Order dated 22.3.96 of the Allahabad High Court in F.A. No. 120 of 1995)
Judges: K. RAMASWAMY & G.T. NANAVATI, JJ.
Date of Judgment: Nov 26, 1996
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Section 23 (1-A) – Following Prem Nath Kapoor v. National Fertil-izer Corporation JT 1995 (9) SC 23 held that claimants are not entitled to interest on solatium and additional amount awarded under Section 23 (1A) – Appeal allowed.
Land Acquisition Act, 1894:
Section 23 (1-A) – Following Prem Nath Kapoor v. National Fertil-izer Corporation JT 1995 (9) SC 23 held that claimants are not entitled to interest on solatium and additional amount awarded under Section 23 (1A) – Appeal allowed.
Cases Reffered:
1. Prem Nath Kapoor v. National Fertilizer Corporation JT 1995 (9) SC 23 = ((1996) 2 SCC 71) (Para 4)
JUDGEMENT:
O R D E R
1. Leave granted.
2. We have heard learned counsel on both sides.
3. This appeal by special leave arises from the judgment and order of the Division Bench of the High Court of Allahabad, made on March 22, 1996 in the First Appeal No.129/95. This appeal and also the First Appeal No.128/95 before the High Court are common-ly disposed of since the acquisition was common. A notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the ‘Act’) was published on September 11, 1982 for acquiring 192.82 acres. The award came to be passed by the Land Acquisi-tion Officer on March 3, 1984 in Award No.44 in respect of 137.52 acres of the land and another award dated September 21, 1986 in award No.44/1 in respect of 33 acres of land. On appeal, the Additional District Judge by his another award dated December 3, 1994 awarded a sum of Rs.1,35,000/- per acre. On appeal, the High Court has reduced the compensation to Rs.1,12,500/- per acre. It has also awarded separate compensation for the build-ing, factory and machinery. Thus this appeal by special leave.
4. In this appeal, Shri Juneja, learned counsel for the appellant, has contended that in view of the judgment in the case of Prem Nath Kapoor v. National Fertilizer Corporation JT 1995 (9) SC 23 wherein it was held that the claimants are not entitled to solat-ium on additional amount awarded under Section 23(1A) of the Act, they are also not entitled to interest on the solatium. The learned counsel for the respondent, in fairness, has stated that as per the decree of the High Court, there was no specific men-tion that the claimants are entitled to the above reliefs. It mentions only that the statutory benefits would be granted as per law. Under these circumstances, it is clarified that the claim-ants are not entitled to interest on solatium and on additional amount awarded under Section 23(1A) of the Act.
5. The appeal is accordingly allowed to the above extent. No costs.
1. Leave granted.
2. We have heard learned counsel on both sides.
3. This appeal by special leave arises from the judgment and order of the Division Bench of the High Court of Allahabad, made on March 22, 1996 in the First Appeal No.129/95. This appeal and also the First Appeal No.128/95 before the High Court are common-ly disposed of since the acquisition was common. A notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the ‘Act’) was published on September 11, 1982 for acquiring 192.82 acres. The award came to be passed by the Land Acquisi-tion Officer on March 3, 1984 in Award No.44 in respect of 137.52 acres of the land and another award dated September 21, 1986 in award No.44/1 in respect of 33 acres of land. On appeal, the Additional District Judge by his another award dated December 3, 1994 awarded a sum of Rs.1,35,000/- per acre. On appeal, the High Court has reduced the compensation to Rs.1,12,500/- per acre. It has also awarded separate compensation for the build-ing, factory and machinery. Thus this appeal by special leave.
4. In this appeal, Shri Juneja, learned counsel for the appellant, has contended that in view of the judgment in the case of Prem Nath Kapoor v. National Fertilizer Corporation JT 1995 (9) SC 23 wherein it was held that the claimants are not entitled to solat-ium on additional amount awarded under Section 23(1A) of the Act, they are also not entitled to interest on the solatium. The learned counsel for the respondent, in fairness, has stated that as per the decree of the High Court, there was no specific men-tion that the claimants are entitled to the above reliefs. It mentions only that the statutory benefits would be granted as per law. Under these circumstances, it is clarified that the claim-ants are not entitled to interest on solatium and on additional amount awarded under Section 23(1A) of the Act.
5. The appeal is accordingly allowed to the above extent. No costs.