Mukundakam Sharma, J. - (1.) The only issue which arises for our consideration in these appeals is whether or not the appellant would be entitled to payment of interest under Section 34 of the Land Acquisition Act, 1894 on the solatium on the compensation paid in terms of the decision of the case in Sunder v. Union of India reported in, (2001) 7 SCC 211 and further explained in the case of Gurpreet Singh v. Union of India reported in, (2006) 8 SCC 457.
(2.) The land belonging to the appellant was acquired by issuing a notification under Section 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). A notification was issued on 4.10.1973 for the beneficiary, namely, Respondent No. 1 under Section 4 of the Act. Thereafter another notification under Section 6 of the Act was issued by the competent authority on 4.11.1976. The Land Acquisition Officer passed an Award in the land acquisition case wherein he determined the market value of the land at 1.28 per sq. meter. Possession of the land was also taken over by the Land Acquisition Officer on the date of the passing of the Award. Pursuant to the aforesaid Award, the appellant was paid an amount of 73,191.09.
(3.) Being aggrieved by the Award dated 22.9.1986, determining the market value of the land at 1.28 per sq. meter, the appellant filed two references under Section 18 of the Act. During the pendency of the aforesaid reference before the Reference Court, the respondent paid a further sum of 1,18,557.08 towards the balance compensation for the land.;