UNION OF INDIA Vs. KEHAR SINGH
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
UNION OF INDIA
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(1.)The above appeal has been filed against the order of a division bench of the High court of Punjab and Haryana dated 23.5.1988 in civil miscellaneous no. 3233 of 1987 in LPA no. 872 of 1981.
(2.)The lands of the respondent have been originally requisitioned for a public purpose in 19/12/1965 and subsequently acquired under the Requisitioning and Acquisition of Immovable Property Act, 1952 itself under a notification dated 4.2.1972. The special land acquisition collector passed an order dated 15.3.1972 fixing the compensation of the acquired land since the respondent was not satisfied, he sought for a reference and the same was referred to the statutory arbitrator in terms of section 8 (1) (b) of the Act. It may be noticed that the said arbitrator was the learned senior subordinate judge, Faridkot and he came to pass the award on 26.5.1979. Aggrieved against the award passed on the said reference both parties seems to have pursued the matter before the High Court and a learned single judge of the High Court came to dispose of the appeal on 26.3.1981. On further appeal invoking the powers of letters patent, the appeals were also disposed of on 21.12.1982. While matters stood thus, the Land Acquisition (Amendment) Act, 1984, came into force on 24.9.1984. Section 30 of the Amendment act which enacted a transitional provision, applied the amendments introduced by sections 15 and 18 of the Amendment act to sections 23 and 28 of the main Act to certain proceedings which came to be disposed of between 30. 4.1982 and 24.9.1984, subject to certain conditions stipulated therein. Taking advantage of the amendments, and that too long after the disposal of the L. P. A. , i. e. , almost five years later, the respondent moved an application invoking powers under sections 151, 152 and 153 of the CPC read with section 30 of the Land Acquisition (Amendment) Act, 1984 seeking for an amendment of the judgment dated 21.12.1982 and for granting him relief declaring him entitled to olatium at 30% instead of 15% on the principal sum awarded and interest @ 9% for the first year and thereafter @ 15% from the date of possession to the date of payment. The division bench has chosen to countenance the claim, necessitating the above appeal in this Court.
(3.)Heard the learned counsel appearing on either side.
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