T.P.S.MANN J - (1.) BY a common judgment, this Court Proposes to dispose of the present revision as well as Civil Revision Nos. 1458, 1459, 1460, 1461, 1462, 1463, 1464, 1465, 1466, 1467 and 1468 of 2005, as all of them arise out of a common order passed by Additional District Judge, Bathinda on December 02, 2004. However, the facts are taken from the present revision.
(2.) LAND measuring about 632 acres situated in village Mehna, Tehsil and District Bathinda was requisitioned on 7.12.1972, under Section 23(1) of the Defence of India Act, 1971 (for short 'the Act'). Subsequently, it was acquired on 28.12.1974 under Section 30 of the Act. Vide order dated 6.3.1975 the Competent Authority assessed the compensation as follows : .RM (a) Flat rate of 40 Karam the road irrespective of classification of land : : Rs. 13,000/- per acre (b) Nehri/Chahi : : Rs. 11,000/- per acre (c) Barani : : Rs. 7,500/- per acre (d) Gair Mumkin/Banjar : Rs. 3,840/- per acre (e) Chahi Mustar : : Rs. 9,000/- per acre Aggrieved of the assessment arrived at by the Competent Authority, the respondents filed application under Section 8(i)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952 for the appointment of an Arbitrator. Having been so appointed as an Arbitrator, learned Additional District Judge, Bathinda passed an award on 31.3.1983 and determined the market value of the acquired land as under : (a) Nehri, Chahi, Nehri Chahi and : Rs 21,000/- per acre Chahi Mustar land , (b) Barani : Rs. 17,600/- per acre (c) Banjar and Gair Mumkin : Rs. 8,800/- per acre Besides, 15% solatium and 6% interest on the-total amount of compensation and solatium with effect from the date of acquisition, dated 20.1.1975 was awarded. The respondents then filed an appeal in this regard which was, however, dismissed on 22.8.1984. Thereafter, they filed a Letters Patent Appeal, which was disposed of on 12.12.1991 in which the market value was determined as under : - (a) For the land situated on either side of National Highway leading from Bathinda to Barnala up to a depth of 500 meters. : Rs. 16.80 per sq.yd. b) For the land up to a depth 500 meters from the municipal limits/fencing of the Cantonment or from the boundary of III Phase of Urban Estate of Bathinda Town. : Rs. 16.00 per sq.yd. (c) For rest of the acquired land. : Rs. 8.50 per sq. yd. The Letters Patent Bench also granted solatium at the rate of 30% and increased rate of interest as per Section 23(2) and Section 28 of the Land Acquisition Act (as amended).
(3.) THE respondents then moved the Hon'ble Supreme Court seeking enhancement of compensation, whereas the petitioner also followed likewise so as to seek the setting aside of the order passed by the High Court while enhancing the compensation. The challenge of the Union of India in its Special Leave Petitions filed in the Hon'ble Supreme Court was only against the grant of solatium and interest in view of the law laid down by the Hon'ble Supreme Court earlier in Union of India Vs. Hari Krishan Khosla (D) by LRs., JT 1992(5) SC 574. While issuing notice in the S.L.P., the Hon'ble Supreme. Court granted interim stay with regard to the amount of solatium and interest. Both the set of cases, one filed by the petitioner and the other by the respondents, were finally disposed of by the Hon'ble Supreme Court on 2.3.1995 by setting aside the order of the High Court to the extent of granting benefits of enhanced solatium and interest as well as the award of the Arbitrator granting solatium and interest. The respondents were held entitled to the principal amount of compensation determined by the High Court and the Arbitrator. Pursuant thereto, the Union of India deposited a consolidated cheque for a sum of Rs. 1,22,86,360/- on 30.3.1996 with the executing Court. The land owners later on sought recalling of the order dated 2.3.1995 but their applications were dismissed on 11.11.2002.;