UNION OF INDIA Vs. JAY SINGH J THAKKAR
LAWS(SC)-1988-10-17
SUPREME COURT OF INDIA
Decided on October 03,1988

UNION OF INDIA Appellant
VERSUS
JAY SINGH J. THAKKAR AND OTHERS Respondents

JUDGEMENT

- (1.) SPECIAL leave granted.
(2.) HEARD learned counsel for the parties. We make it clear that the quantum of compensation is not in dispute and all that is being disputed by the Union of India in this appeal is confined to the benefit under the Amending Act of 1984. In the instant case learned Additional Solicitor General also does not dispute the payability of the solatium at 30 per cent. It is made clear that interest is payable only from the date of dispossession of the claimants and taking over of possession by the Union of India up to the date of the payment of the compensation. We accordingly direct that interest shall be payable at 9 per cent in the first year from the date of dispossession and 15 per cent after the first year till payment. The additional payment of 12 per cent under S.23(1)(A) is directed to be deleted since it is not payable as the award was passed long before the Act. The appeal is disposed of accordingly. No costs.;


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