Yashwant Varma, J. - (1.) Heard Sri Udit Chandra, learned counsel for the appellant and Sri Neel Kamal, learned counsel for the respondents.
(2.) This first appeal is directed against the judgment of the District Judge, Saharanpur passed upon the Land Acquisition Case No. 153 of 1982 acting as the statutory arbitrator. The proceedings themselves emanate from an order of requisition made under the provisions of the Requisitioning and Acquisition of Immovable Property Act 1952 (The Act).
(3.) Sri Chandra while narrating the basic facts has submitted that in September 1967, 933.64 acres of land came to be requisitioned by the appellant in exercise of powers conferred by the Act. In terms of the mandate of Section 8 thereof, the land holders were offered compensation at the rate of Rs. 2750/- per Pakka Bigha. Since the land holders admittedly did not agree to the offered compensation, an arbitrator came to be appointed on 23 January 1982 in terms of the provisions of Section 8 (1) (b) of the Act. The arbitrator delivered an award on 19 February 1988 enhancing the rate of compensation to Rs. 3450/- per Pakka Bigha. Alongwith the same the arbitrator also proceeded to award solatium at the rate of 30% and interest at the rate of 9%. In the arbitration proceedings, the District Judge, Saharanpur enhanced compensation and additionally granted solatium and interest by observing that in various decisions of the Supreme Court, the principle of Section 23 of the Land Acquisition Act, 1894 had been held to apply. The solatium and interest had been awarded even though no specific provision in respect thereof had been made under the Act.;