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2012 Supreme(SC) 355

B.S.CHAUHAN, JAGDISH SINGH KHEHAR
Chhanga Singh – Appellant
Versus
Union of India – Respondent


JUDGMENT

1. Leave granted.

2. The controversy in this appeal lies in a very narrow compass. The sole issue involved herein is as to whether the Appellants are entitled for interest over the amount of solatium granted to them.

3. Admitted facts necessary to adjudicate upon the controversy in this appeal are that:

I. The land of the Appellants stood notified under Section 4 of the Land acquisition Act, 1894 (hereinafter being referred to as 'the Act") on 30th October, 1963. In respect of the said land, Declaration under Section 6 of the Act was made on 16th January, 1969.

II. Compensation was awarded under Section 11 of the Act on 17th September, 1986 assessing the market value of the land @ Rs. 4350 per bigha. Being aggrieved, the Appellants made an application for reference under Section 18 of the Act, and the Reference Court vide award dated 1st June, 2001 assessed the market value of the land @ Rs. 16,750/- per bigha and awarded the solatium as provided under the Act. However, interest was not awarded on the amount of solatium and it restricted only to the enhanced amount of compensation.

III. The Appellants filed the execution petition on 3rd September, 2001.

IV. It was during the pend








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