Full Judgment Text
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PETITIONER:
SITA DEVI WD/O MUKAND LAL
Vs.
RESPONDENT:
STATE OF HARYANA & ANR.
DATE OF JUDGMENT07/12/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
JT 1995 (9) 340 1995 SCALE (7)352
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
The award of the Collector under Section 11 is of the
Land Acquisition Act, 1894 is dated November 26, 1976. The
award of the reference Court under Section 26 is dated
January 10, 1985. Therefore, the appellant is entitled to
the payment of enhanced interest and solatium under Section
28 and 23 (2). The controversy raised in this matter is
covered by the recent judgment of this Court delivered on
November 29, 1995 [C.A. @ SLP 8494/87] in Prem Nath Kapoor &
Ors. v. National Fertilizers Corporation Ltd. & Ors.
In other respects, the appellant is not entitled to
adjust interest and solatium from the principal amount of
compensation determined under Section 23 (1) and deposited
on the respective dates. He is also not entitled to interest
on solatium. Equally, the appellant is not entitled to
additional amount under Section 23 (1-A) at 12 per cent per
annum. The appellant is entitled to solatium at 30 per cent
on enhanced compensation under Section 23 (1) from the
respective dates of enhancement till the dates of deposit
made in the reference Court. Equally, the appellant is
entitled to interest at 9 per cent for one year from the
date of the possession of the land and 15 per cent
thereafter till date of deposit into court.
Appeal is accordingly disposed of. No costs.