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1983 Supreme(AP) 495

Andhra Pradesh High Court
Judges : A.RAGHUVIR, K.RAMASWAMY
Mawahedduddin - Appellant
Versus
Collector, Hyderabad - Respondent
C. M. A. No. 615/1977
Decided On : 12-23-83
Advocates Appeared :
.

Headnote:Requisitioning and Acquisition of Immovable property Act, 52 Section 8 (1) (e) - Determination of compensation - Principles under Section 23 of the Land Acquisition Act, 1894 would apply - Owner of land acquired - Entitled to solatium;

       Held : The arbitrator while determining the just compensation is entitled to take into consideration mutatis mutandis the principles laid down in Section 23 (1) of the Land Acquisition Act, 1894, apart from the factors mentioned in sub-sections (2) and (3) of Section 8 of the Act.

       When the property of a private citizen is acquired or requisitioned in exercise of the power of eminent domain, then the owner thereof shall amend or recompense the loss which he has suffered by reason of compulsory acquisition of his property.

       The solatium is part of compensation and the compensation is intended to amend or recompensate the loss occasioned to the owner or injuries effected on the owner by exercise of eminent domain. It must therefore as held that the word compensation under Sec. 8 (1) (e) encompasses within its ambit the payment of solatium under the given facts and circumstances of a case. The Arbitrator while awarding just compensation in considering the facts and circumstances is also competent to award solatium at the rate of 15%. Mohd. Mokarramuddin & Waseem Ahmed for Appellants.

K. RAMASWAMY, J.

( 1 ) THE appellants are the successors of the landowners. The lands in a total extent of Acs. 50-10 guntas bearing Survey Nos. 352, 353/1, 354/1, 359/1, 355, 357 and 358 situated in Shaikpet village, Urban Taluk, Hyderabad District were initially requisitioned in the year 1963 under the provisions of the Requisitions and Acquisition of Immoveable Property Act, 1952, hereinafter called the Act. Subsequently, a notification acquiring them was published under Section 7 of the Act on 4/03/1970 for public purpose. The competent authority under the Act offered compensation, but the appellants declined to receive it. As a result, they could not reach an agreement with the Government. Therefore, the Government have appointed the Metropolitan Sessions Judge, Metropolitan Area of Hyderabad and Secunderabad to be the Arbitrator under Section 8 of the Act, by notification issued in G. O. Ms. No. 266, Revenue (K) dt. 14/03/1974. He enquired into the claims; the parties have participated and adduced evidence in support of their respective claims. Before the Competent Authority, the claimants laid claim at the rate of Rs. 20. 00 per square yard for all the lands. The Arbitrator confirmed the order of the competent authority namely Rs. 10. 00 per square yard to all the lands except to the extent of Ac. 1-02 guntas in Survey No. 352 for which the compensation was determined at Rs. 5. 00 per square yard to be the just and reasonable compensation. The appellants also claimed solatium at 15% and also interest at 4% on the amount offered by the Competent Authority. The Arbitrator awarded interest at 4% on unpaid compensation from the date of notification till the date of payment, but however, disallowed solatium on the ground that the Act does not provide for payment of solatium. In this appeal, the appellants restricted their claim to Rs. 15. 00 per square yard and also reiterated their claim for solatium at the rate of 15%. In this appeal, Sri Mohd. Mokaramuddin, learned counsel for the appellants contends that the appellants had adduced sufficient evidence to establish that the value of the land prevailing in the neighbourhood ranges from Rs. 30. 00 to Rs. 18. 00 per square yard and the grant of compensation at Rs. 10. 00 is very meagre and at least they are entitled to the com at the rate of Rs. 15. 00 to which they restricted their claim in this appeal. In support thereof, he relied upon the evidence of P. Ws. 1 to 4 and Exs. A-1 to A-7. He also further contended that though there is no specific power under the Act to provide payment of solatium, since it being in the nature of compulsory acquisition and deprivation of the right to possession and enjoyment of the property against the wishes of the owners of the land, they are entitled under law for payment of solatium as part of compensation as enjoined under Section 7 of the Act. In support of this contention, he relied upon the decision of the Division Bench of Punjab and Haryana High Court reported in Gurucharan Singh v. Union of India, AIR 1983 Punj and Har 277 and a judgment of their Lordships of the Supreme Court reported in P. C. Goswami v. Collector of Darrang, AIR 1982 SC 1214. On the other hand, Miss. Lakshmi Devi, learned Government Pleader resisted the claim. She contended that the arbitrator had considered the entire evidence and came to the conclusion that the payment of compensation at Rs. 10. 00 per square yard to the lands except to the lands in Survey No. 352 at Rs. 5. 00 per square yard to Ac. 1-02 guntas in Survey No. 352 is just and reasonable. It does not warrant interference in appeal since the facts and circumstances have been fairly considered by the arbitrator in fixing the compensation. She also further contended that there is no express provision under the Act for payment of solatium. The solatium is not part of the value of the land. The Parliament is aware of the existence of Section 23 (2) of the Land Acquisition Act of 1894 and the Legislature


















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