Bakhtaur Singh vs Union of India through its Secretary to Govt.of India, Ministry of Defence and ors.

M.R. Agnihotri, J.

Petitioner''s land measuring 47 Bighas 4 Biswas situated within the revenue estate of Bhatinda was requisitioned by the District Magistrate, Bhatinda, under section 23 of the Defence of India Act, 1971, for the purposes of establishing Military Cantonment in Bhatinda. Later on, the aforesaid land was acquired by the Union of India and the petitioner was paid compensation therefor.

The petitioner, feeling aggrieved of having been paid less compensation, applied for reference to the Arbitrator as was done in various other cases similarly situated. Further, the petitioner has not been paid any solatium and interest in addition to the amount of compensation for the land acquired by the Union of India. This has compelled the petitioner to approach this Court way of writ petition under Articles 226 and 227 of the Constitution of India, wherein he has prayed for directing the respondent to make a reference of the Arbitrator for enhancement of compensation for the land in dispute and also for grant of solatium and interest over and above the amount of compensation.

In the return filed by the respondents, it has been denied that the petitioner had made by any application for reference to the Arbitrator or that the amount of compensation was accepted by the petitioner under protest. However, so far as the question of solatium and interest over and above the amount of compensation is concerned, the plea taken by the respondents is that the land of the petitioner had been acquired under the Defence of India Act under which no provision was made for payment of solatium at the rate of 15 per cent and interest at the rate of 6 per cent on the amount of compensation assessed.

At the time of hearing, the learned counsel for the petitioner reiterated his claim in the writ petition not only with regard to the grant of statutory solatium and interest over and above the amount of compensation but for making the reference also. He has brought to my notice the judgment of this Court in Gamdur Singh and others v. The Union of India and another, 1988(1) R.R.R. 11 : 1986 P.L.J. 246, in which exactly similar question regarding solatium and interest on the amount of compensation for the land acquired under the Defence of India Act was examined by I.S. Tiwana, J. In that judgment, it was held that the solatium and interest at the rate of 15 per cent and 6 per cent, respectively, as envisaged under the Land Acquisition Act, were payable on the amount of compensation determined under the Requisitioning and Acquisition of Immovable Property Act, 1952 (Act, 30 of 1952). On that basis, the respondents were directed to pay to the petitioners the solatium and interest at the rates of 15 per cent and 6 per cent, respectively. I find that the aforesaid judgment of this Court squarely covers the present case and the writ petition deserves to be allowed.

Consequently, the writ petition is allowed and a writ of mandamus is issued to the respondent directing them to pay to the petitioners solatium at the rate of 30 per cent and interest at the rate of 9 per cent for the first year and 15 per cent for the subsequent years till the date of actual payment to the petitioner. The respondents are further directed to submit their reference to the Arbitrator in accordance with the provisions of section 8(1) (b) of the Act of 1952 on the petitioner''s application within two months from today. The petitioner shall also be entitled to the costs of this petition which are quantified at Rs. 500/.