SUMITRA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application for grant of benefit of enhanced solatium as provided under Section 30 (2) of the Land Acquisition (Amendment) Act, 1984 (for short othe Act' ).

(2.) THE State of Haryana issued notification dated, 7th July, 1973 for acquiring 2206 acres of agricultural land situated in the Revenue estate of Garni Brahmnan and Patt Jatan, Sonepat for the construction of Mini Secretariat and residential quarters for the Government employees at Sonepat. The notification was followed by a declaration under Section 6 of the Land Acquisition Act made vide notification dated. December 24, 1973. The Deputy Commissioner, who was acting as a Land Acquisition Collector, Sonepat, assessed the compensation vide his award No. 3, dated September 5, 1974. The claimant-landowners were not satisfied with the compensation awarded by the Collector and got references made to the Land Acquisition Court. The Land Acquisition Court announced the compensation vide order dated October 24, 1981. The claimants-landowners were still dissatisfied and they came to this Court in Regular First Appeal, which was disposed of on October 15, 1982. There was dispute with regard to the interpretation of Section 30 (2) of the Act The same was settled by the Supreme Court in Union of India and Anr. v. Raghubir (dead) by Lrs. which is reported as Judgments Today 1989 (2) S. C. 427 and it was held thus :

(3.) IT was settled that the benefit of Section 302 of the Act is applicable to orders made by the High Court or the Supreme Court in appeals against the awards made between 30th April, 1982 and 24th September, 1984. In the instant case, the Collector rendered the award on. 5th March, 1974 and the supplementary award on November 26, 1974. The Land Acquisition Court rendered the judgment on 24th October, 1981. The award was not made between 30th April, 1982 and 24th September, 1984. Resultantly, the applicant is not entitled to the benefit of the provision of Section 30 (2) of the Act.