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1995 Supreme(SC) 1095

B.N.KIRPAL, K.RAMASWAMY
S. Prabh Singh Dhillon – Appellant
Versus
Hoshiarpur Improvement Trust – Respondent


Advocates:
HAR DEV SINGH, MECRA AGARWAL, R.C.MISHRA, R.K.AGNIHOTRI, V.C.MAHAJAN

ORDER

1. Substitution allowed.

2. 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 v. 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 Amendment Act 68 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.

3. 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 acqu



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