Ramesh Chand vs State of Haryana

N.K. Sodhi, J.—This order will dispose of six connected Regular First Appeals bearing Nos. 70 and 183 to 187 of 1984 which are directed against the same award dated October 5, 1983 passed by the learned Additional District Judge, Ambala awarding compensation to the claimants at the rate of Rs. 15/- per sq. yard. Regular First Appeal 70 of 1984 has been filed by the claimant for enhancement of the amount of compensation whereas the other five First Appeals have been preferred by the State of Haryana for reducing the amount of compensation awarded by the Court.

Counsel for the parties are agreed that the award of the Additional District Judge, Ambala which is under appeal in these First Appeals has to be upheld in view of the decision of this Court in Regular First Appeals 25 to 38 of 1984 and in Regular First Appeals 60 to 69 of 1984 which also deal with a similar award given by the Additional District Judge pertaining to the same acquisition arising out of the same notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short ''the Act''). In those appeals as well, learned Additional District Judge, Ambala had awarded Rs. 15/- per sq. yard as compensation to the claimants therein and the said award was upheld. I order accordingly.

Consequently, Regular First Appeals 183 to 187 of 1984 filed by the State of Haryana are dismissed.

Counsel for the claimants-appellants in Regular First Appeal No. 70 of 1984 submitted that since the award of the Additional District Judge was given on October 5, 1983, the claimants are entitled to enhanced solatium and higher rate of interest as provided in Sub-section 2 of Section 23 of the Section 28 of the Act as amended by Act No. 68 of 1984. I find merit in this contention. Section 30 of the Land Acquisition (Amendment) Act, 1984 has amended the provisions of Sub-section 2 of the Section 23 and Section 28 of the Act so as to award enhanced solatium and higher rate of interest and these provisions shall apply and shall be deemed to have applied in relation to any award made by the Collector or Court or to any order passed by any High Court or the Supreme Court in appeal against any award under the Provisions of the Act after 30th day of April 1982 and before the commencement of the amending Act. The amending Act received the assent of the President on September 24, 1984 and became effective from the said date. The award under appeal having been made during the period mentioned in Sub-section 2 of Section 30 of the amending Act, the claimants are entitled to enhanced solatium and higher rate of interest as provided in Sub-section 2 of Section 23 and Section 28 of the Act as amended in the year 1984. The matter is squarely covered in favour of the claimants by a judgment of the Apex court in Union of India (UOI) and Another Vs. Raghubir Singh (Dead) by Lrs. Etc., .

In the result, the appeal filed by the claimants is allowed to the extent that they will be entitled to enhanced solatium as provided in Sub-section 2 of Section 23 of the Act and to the rate of interest as prescribed in Section 28 of the Act after their amendment in the year 1984. The parties are left to bear their own costs.