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Supreme CourtDivision Bench(1995) 11 SC CK 0057

S. Prabh Singh Dhillon and Others vs Hoshiarpur Improvement Trust and Others

Supreme Court Of India · Decided on 6 November 1995 · Citation: (1995) 8 JT 499 : (1995) 6 SCALE 435 : (1996) 1 SCC 309 : (1995) 4 SCR 791 Supp

HON’BLE JUDGES
K. Ramaswamy, J · B. N. Kirpal, J
RESULT
Allowed
CASE NUMBER
I.A. No''s. 1-5 of 1995 in Civil Appeal No''s. 3405-07 of 1995

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Judgment

5 paragraphs · 338 words
1.

Substitution allowed.

2.

This Court while disposing of the matter by order dated July 20, 1988 directed that depending upon the decision of the Constitution Bench in Union of India (UOI) and Another Vs. Raghubir Singh (Dead) by Lrs. Etc., , the payment of the interest and solatium would be determined. Since there the Constitution Bench had concluded that the claimants would be entitled to the statutory benefits under Amendment Act 68 of 1984 if the proceedings are pending before the Land Acquisition Officer or Civil Court between April 30, 1984, i.e., when the Amendment Act 68 of 1984 was introduced on the floor of the Parliament and the date when the Act came into force in September 24, 1984. Admittedly, the award came to be made on August 30, 1982 and the supplementary award with regard to the trees etc., came to be made on December 27, 1982.

3.

Under these circumstances, the petitioners would be entitled to payment of solatium u/s 23(2) @ 30% per annum on enhanced compensation. As regards the payment of interest u/s 28 of the Land Acquisition Act, 1894 and the additional amount u/s 23(1-A) of that Act, admittedly, the petitioner remained in possession of the acquired land. Under Sections 34 28 and 23(1-A) payment of interest and additional amount was intended to mitigate the hardship caused to the owner by deprivation of enjoyment of their property, after possession was taken. Since the possession was admittedly with the petitioners, they are not entitled to payment of interest u/s 34 28 or additional amount u/s 23(1-A) as amended by Act 68 of 1984.

4.

The Land Acquisition Officer will determine the amount of solatium payable to the petitioners within a period of four weeks from the date of the receipt of this order and within six weeks thereafter the amount so determined would be paid to the petitioners. Before making the payment, the Petitions shall hand over the possession to the Land Acquisition Officer.

5.

The petitions are ordered accordingly. No costs.