Singh Dhillon Vs. Hoshiarpur Improvement Trust & Ors  INSC 732 (23 November 1995)
Verma, K. Venkataswami
O R D
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.
these circumstances, the petitioners would be entitled to payment of solatium
under Section 23  @ 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.
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.
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.
petitions are ordered accordingly. No costs.