http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: S. PRABH SINGH DHILLON ETC. ETC.

       Vs.

RESPONDENT: HOSHIARPUR IMPROVEMENT TRUST & ORS.

DATE OF JUDGMENT23/11/1995

BENCH: J.S. VERMA, K. VENKATASWAMI

ACT:

HEADNOTE:

JUDGMENT:                       O R D E R      Substitution allowed.      This Court while disposing of the matter by order dated July 20,  1988 directed  that depending upon the decision of the Constitution  Bench in Union of India vs. Raghubir Singh [(1989) 3 SCR 316], the payment of the interest and solatium would be  determined. Since there the Constitution Bench had concluded that  the  claimants  would  be  entitled  to  the statutory benefits  under Amendments  Act 60  of 1984 if the proceedings are  pending before the Land Acquisition Officer or Civil  Court between  April  30,  1984,  i.e.,  when  the Amendment Act  68 of 1984 was introduced on the floor of the Parliament and  the date  when the  Act came  into force  in September 24, 1984. Admittedly, the award came to be made on August 30,  1982 and  the supplementary award with regard to the trees etc., came to be made on December 27, 1982.      Under these  circumstances, the  petitioners  would  be entitled to  payment of  solatium under Section 23 [2] @ 30% per annum  on enhanced  compensation. As regards the payment of interest  under Section  28 of  the Land  Acquisition At, 1894 and  the additional  amount under  Section 23  [1-A] of that Act, admittedly, the petitioners remained in possession of the  acquired land.  Under Sections  34, 28  and 23 [1-A] payment of  interest and  additional amount  was intended to mitigate the  hardship caused to the owner by deprivation of enjoyment of  their property,  after possession  was  taken. Since the  possession was  admittedly with  the petitioners, they are  not entitled  to payment of interest under Section 34, 28  or additional  amount  under  Section  23  [1-A]  as amended by Act 68 of 1984.      The Land  Acquisition Officer will determine the amount of solatium  payable to  the petitioners  within a period of four weeks  from the  date of  the receipt of this order and within six  weeks thereafter  the amount so determined would be paid  to the  petitioners. Before making the payment, the petitioners shall  hand over  the  possession  to  the  Land Acquisition Officer.      The petitions are ordered accordingly. No costs.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2