HOSHIARPUR IMPROVEMENT TRUST Vs. PRESIDENT LAND ACQUISITION TRIBUNAL
LAWS(SC)-1990-4-56
SUPREME COURT OF INDIA
Decided on April 19,1990

HOSHIARPUR IMPROVEMENT TRUST Appellant
VERSUS
PRESIDENT LAND ACQUISITION TRIBUNAL Respondents





Cited Judgements :-

RAVAL MANEKLAL MOTIRAM VS. STATE OF GUJARAT [LAWS(GJH)-1990-9-4] [REFERRED TO]
A SOWKATH ALI VS. UNION OF INDIA [LAWS(SC)-2000-8-49] [REFERRED]
STATE OF KERALA VS. V KRISHNAN NAIR FB [LAWS(KER)-1991-10-37] [REFERRED TO]


JUDGEMENT

- (1.)Special leave granted.
(2.)All these petitions by special leave are disposed of by one single order as identical questions of law are involved and they are directed against the similar order of the High court dated 9/02/1989.
(3.)Short controversy raised in these cases is regarding the grant of benefits under amended S. 23 (1-A) , 23 (2) and 28 of the Land acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as 'the Amending Act'). The president Land Acquisition tribunal, Hoshiarpur (District court) initially granted solatium at 15 per cent on the compensation and interest at 6 per cent per annum of the additional amount of compensation till the date of payment. The claimants submitted an application for modification of the award as regards solatium and interest in view of the Amending Act which came into force on 24/09/1984. The Land acquisition tribunal granted benefit of the Amending Act and modified the award by passing the following operative order which is subject matter of challenge in Special Leave Petition No. 9434 of 1989. Similar orders have been passed in other two cases also.
"Accordingly, I modify the award to the extent that solatium shall be payable at the rate of 30 per cent instead of 15 per cent granted earlier. Similarly, interest at the rate of 12 per cent per annum is granted from the date of notification under S. 42 of the Punjab Town Improvement Act, 1922, till the date of award of the Collector, the date of possession of the land whichever is earlier. 626 further interest is awarded at the rate of 9 per cent per annum on the enhanced amount From the dale of delivery of possession till the expiry of one year. Thereafter interest is awarded at the rate of 15 per cent per annum from the date of expiry of period of one year till payment. The applicant shall be entitled to recover the solatium and interest as per the modification indicated above".

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.