UNION OF INDIA PRITHIPAL SINGH RAM MEHAR RAJ KUMAR DELHI CATTLE BREEDING FARMS PRIVATE LIMITED Vs. RAGHUBIR SINGH :UNION OF INDIA
LAWS(SC)-1989-5-56
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on May 16,1989

UNION OF INDIA,PRITHIPAL SINGH,RAM MEHAR RAJ KUMAR,DELHI CATTLE BREEDING FARMS PRIVATE LIMITED Appellant
VERSUS
UNION OF INDIA,RAGHUBIR SINGH Respondents

JUDGEMENT

Pathak, C. J. - (1.) The question of law referred to us for decision in these cases is:"Whether under the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 the claimants are entitled to solatium at 30 per cent of the market value irrespective of the dates on which the acquisition proceedings were initiated or the dates on which the award had been passed"
(2.) It would suffice if we briefly refer to the facts in the Civil Appeals arising out of Special Leave Petitions Nos. 8194-8195 of 1985:Union of India and another v. Raghbir Singh.
(3.) The land belonging to the respondents in village Dhaka was taken by compulsory acquisition initiated by a notification under S. 4 of the Land Acquisition Act, 1894 issued on 13 November, 1959. The award with regard to compensation was made by the Collector on 30th March, 1963. A reference under S. 18 of the Act was disposed of by the Additional District Judge on 10 June, 1968. He enhanced the compensation. The respondents preferred an appeal to the High Court claiming further compensation. During the pendency of the appeal the Land Acquisition (Amendment) Bill 1982 was introduced in Parliament on 30 April, 1982, and became law as the Land Acquisition Amendment) Act, 1984 when it received the assent of the President on 24 September, 1084. The High Court disposed of the appeal by its Judgment and Order dated 6 December, 1984. While it raised the rate of compensation, it also raised the rate of interest payable on the compensation' and taking into account the change in the law effected by the Land Acquisition (Amendment) Act, 1984 (referred to hereinafter as "the Amendment Act") it awarded solatium at30 per cent of the market value. The Judgment and Order of the High Court is the subject of these appeals.;


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