S.B.Sinha, J. - (1.) LEAVE granted.
(2.) APPLICABILITY of Section 28A of the Land Acquisition Act, 1894 in a proceeding under the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as 'the 1952 Act') is in question in these appeals, which arise out of judgments and orders passed by Punjab and Haryana High Court in L.P.A. No. 971 of 1999, C.W.P. No. 183 of 1994, L.P.A. No. 914 of 1999 and L.P.A. No. 42 of 2000. The factual matrix of the matter may be adverted to from the Civil Appeal arising out of Special Leave Petition (Civil) No. 533 of 2001. The lands of the appellants were requisitioned under the" Defence of India Act, 1971 for establishment of Military cantonment in the year 1972. They were later on acquired in terms of Section 23(1) of the Defence of India Act. An award of compensation was pronounced on 6th March, 1975 in the following terms :- JUDGEMENT_811_SUPREME1_2003Html1.htm It is not in dispute that the appellants in relation to the amount of compensation awarded by the respondents herein for acquiring their properties entered into agreements in the prescribed form under the provisions of the 1952 Act, which was made operative for the residual matters flowing from the proceedings of acquisition of lands upto repeal of the Defence of India Act, 1971.
(3.) QUESTIONING the non-inclusion of interest in the said award they filed a writ petition before the High Court which was marked as C.W.P. No.4983 of 1976 which were allowed. A special leave petition filed by the respondents herein before this Court marked as Special Leave Petition (Civil) No.74 of 1998 questioning the said order of the High Court was dismissed on 4th September, 1984. Another writ petition was filed by the Appellant claiming solatium before the High Court which was marked as C.W.P. No. 1813 of 1978 and the same was also allowed. It is, however, not in dispute that several other land owners did not accept the said award and made a reference which was referred to an arbitration of the Additional District Judge. By an award dated 20.11.1987 in the case of one Nihal Singh, the said Arbitrator awarded higher compensation together with solatium and interest. Compensation awarded to said Nihal Singh by the Arbitrator was at the following rates :- JUDGEMENT_811_SUPREME1_2003Html2.htm The said Nihal Singh had also been paid solatium @ 30% and interest @ 9% per annum for one year after acquisition and thereafter @ 15% per annum till realisation.;