- (1.)THIS application has been preferred by the applicant-Union of India seeking recovery of an amount of Rs. 10,35,805/- with interest at the rate of 18% p. a. from the respondents on account of receiving solatium and interest in the case entitled as "union of India v. Dhanwanti Devi (deceased ). "
(2.)IN order to appreciate the controversy, the brief facts are necessary to be noticed.
(3.)LAND measuring 58 kanals 14 marlas situated in village Talwal. Tehsil and district Rajouri, belonging to one Dhanwanti (deceased), came to be acquired by the Union of India. Feeling aggrieved with the compensation assessed by the Deputy commissioner, Rajouri, ex-land owner sought arbitration under Section 8 of the J and K requisitioning and Acquisition of Immovable property Act, 1968. The learned Arbitrator vide his award dated 6-3-1991 assessed the compensation amounting to Rs. 41,09,000/- in favour of Smt. Dhanwanti Devi (deceased)at the rate of Rs. 70,000/- per kanal. The arbitrator further allowed solatium at the rate of 15% amounting to Rs. 6,16,350/-with interest at the rate of 4% per annum on the award amount. Thereafter an appeal was preferred against this order by the Union of India in this Court.