Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
UNION OF INDIA
Vs.
RESPONDENT:
HIRA LAL AND OTHERS
DATE OF JUDGMENT: 06/09/1996
BENCH:
JEEVAN REDDY, B.P. (J)
BENCH:
JEEVAN REDDY, B.P. (J)
PARIPOORNAN, K.S.(J)
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Heard the counsel for the parties.
We are of opinion that the learned District Judge who
heard the appeal filed by the State and the cross-
objections filed by the respondents was not competent to
award solatium and interest as per provisions of the Land
Acquisition Act 1894 (as amended by the 1984 Amendment Act).
Accordingly, we delete the award of solatium and also award
of interest at the rate and for the periods mentioned in the
order of the learned District Judge. We, however, affirm the
quantum of compensation awarded by the Arbitrator at Rs.
3.61 lacs (excluding the amount of Rs. 72037.85 paise which
already been paid to the respondents in the year 1982).
Having regard to the facts and circumstances of the case,
however, we direct that the said amount of Rs. 3.61 lacs
shall carry interest at the rate of 12 per cent simple from
the date of the decree of the learned Subordinate Judge,
i.e., the date on which the learned Subordinate Judge made
the award a rule of the Court. The said interest shall be
payable till the date of payment.
We must mention that the concession made by the
Government Advocate before the Learned District Judge that
the respondents are entitled to solatium and interest as
provided in the Land Acquisition Act 1894 (as Amended in
1984) was a totally unwarranted concession. Being a
concession on a question of law. It cannot be said to be
binding upon the appellant. It is surprising how the
Government Advocate could have made such a concession which
is totally untenable in law and is prejudicial to the
interest of the partie she was representing. We are equally
of the opinion that this was not a matter in which the
Revision Petition filed by the appellant should have been
dismissed in limine by the High Court .
The appeal is accordingly allowed in part in the above
terms. No costs.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2