A.L. Bahri, J. - (1.) EIGHT Kanals 3 1/2 Marlas of land belonging to Dwarka Dass of Jalandhar was acquired by Jalandhar Improvement Trust, Respondent No. 2. Notification under Section 36 of the Town Improvement Act (hereinafter called 'the Act') equivalent to the one issued under Section 4 of the Land Acquisition Act, was published on April 14, 1966 intending to acquire 81.6 Acres of land at Jalandhar by the Improvement Trust. The Collector awarded compensation for the acquired land at the rate of Rs. 40 per marla. Dwarka Dass feeling not satisfied with the amount of compensation awarded, sought reference before the Tribunal constituted under the Act. The Tribunal, - -vide its award dated December 24, 1974 enhanced the compensation fixing market value of the acquired land at the rate of Rs. 140 per marla. Annexure P -1 is the extract of the award. Dwarka Dass, original owner of the acquired land died on July 22, 1973. V.K. Thapar and Ors. present Petitioners are his legal heirs. They continued approaching the Improvement Trust for payment of the amount awarded. They also asked for payment of solatium and interest on the amount awarded. Several representations were made by them during the period August 23, .1975 to September 12, 1985. The payment of the amount awarded was made to them on September 12, 1985. However, no solatium or interest was allowed. This led to the filing, of the present petition.
(2.) NO written statement was filed on behalf of the Respondents to contest the petition. Grant of solatium and interest is not discretionary with the Tribunal constituted under the Act. The provisions of the Land Acquisition Act are applicable to the proceedings for acquisition under the Act. Even if no claim had been made regarding solatium and interest in the application moved by the owners, it, was the duty of the Tribunal to grant the same. At the time, the Tribunal decided the case, Land Acquisition Act as in force was applicable. Under Section 23(2) of the Land Acquisition Act 15 per cent solatium on such market value of the land acquired was payable to the land owners and under Section 34 of the said Act, interest the rate of 6 per cent per annum was also payable on the enhanced amount of compensation. The contention of the Learned Counsel for the Respondent that aforesaid benefits should not be allowed to the Petitioners because they approached this Court after lapse of about more than ten years cannot be accepted when there was legal and statutory obligation, of the Tribunal to pay solatium and interest on the, amount of compensation for the land acquired and the Petitioners have been approaching the Improvement Trust for a period of about ten years forget the amount of compensation so determined as well as solatium and interest, the delay in the circumstances of the case is of no consequence. For the reasons recorded above, tins writ petition is allowed. The Award of the Tribunal is quashed with the direction to the Respondents to pay compensation to the Petitioners of the land acquired at the rate of Rs. 140 per marla and 15 per sent solatium thereon as well as interest at the rate of 6 per cent per annum from the date of taking possession of land till payment. There will be no order as to costs.;