Claimants are entitled to interest under Section 18 of the Land Acquisition Act, even for the period during which the reference remained stayed due to pending proceedings under Sections 30 and 31 of the Act.

Headnote:
Interest - Land Acquisition - The court affirmed the entitlement to interest under Section 18 of the Land Acquisition Act, even for the period during which the reference remained stayed due to pending proceedings under Sections 30 and 31 of the Act.
Fact of the Case:

The appeal questioned the award of interest and enhanced solatium under the Land Acquisition Act, as well as the payment of additional amounts.
Finding of the Court:

The court found that the claimants were entitled to interest and enhanced solatium, as conclusively decided by previous Supreme Court judgments. The appeal was dismissed, and the amount deposited by the appellant was ordered to be paid to the respondents/claimants.
Issues: Entitlement to interest and enhanced solatium under the Land Acquisition Act, as well as the payment of additional amounts.
Ratio Decidendi: The court held that claimants are entitled to interest even for the period during which the reference remained stayed due to pending proceedings under Sections 30 and 31 of the Land Acquisition Act.
Final Decision: The appeal was dismissed, and the amount deposited by the appellant was ordered to be paid to the respondents/claimants.

Ms. Sunanda Bhandare, J.

( 1 ) THE short question for consideration inthis appeal filed by Union of India against the order of the Additional Districtjudge, Delhi dated 31. 8. 1985 is that whether interest @ 95% and 15% undersection 18 of the Land Acquisition (Amendment) Act read with Section 28 ofthe Principal Act was rightly awarded by the Additional District Judge andalso whether the Additional District Judge was right in granting enhancedsolatium at 30% and interest for the period 11. 9. 1962 to 4. 8. 1983 i. e. , theperiod during which the reference had remained stayed.

( 2 ) THE question regarding payment to enhanced interest @ 9% and15% under Section 18 of the Land Acquisition (Amendment) Act read withsection 28 of the Principal Act and enhanced solatium at 30% has now beenconclusively decided by the Supreme Court in Hoshiarpur Improvement Trustv. The President, Land Acquisition Tribunal and Ors. , 1990 (2) JT 567. Thequestion of payment of 12% additional amount under Section 23 (1) (A) hasbeen decided by the Supreme Court in Union of India v. Johra Singh, 1991jt (4) 538.

( 3 ) THE question regarding payment of interest for the periodduring which the reference under Section 11 of the Land Acquisionact remained stayed has also been considered by this Court in RFA244/76 (Union of India v. Sh. Hakumat Rai Devi Charm Topokhane Waladharmarth Truit) decided on 25/08/1983. This Court has heldthat in view of Sec. 28 of the Land Acquisition Act, the claimants are entitledto interest even for the period during which the reference remained stayedbecause of the pendency of proceedings under Sections 30 and 31 of theland Acquisition Act. This appeal is, therefore, without any merit. Even otherwise no one appears for the appellant. Dismissed in default.

( 4 ) THE amount deposited by the appellant pursuant to the order ofthis Court dated 12. 2. 1986 be now paid to the respondents/claimants. CM. 353/92

( 5 ) DISMISSED as not pressed.

Click Here to Read the rest of this document

Judicial Analysis

1992 Supreme(Del) 215

High Court Of DelhiUNION OF INDIA - AppellantVersusKISHAN CHAND - RespondentREGULAR FIRST APPEAL 52 of 1986Decided On : 04/03/1992

Claimants are entitled to interest under Section 18 of the Land Acquisition Act, even for the period during which the reference remained stayed due to pending proceedings under Sections 30 and 31 of the Act.

Judicial Analysis

High Court Of Delhi
UNION OF INDIA - Appellant
Versus
KISHAN CHAND - Respondent
REGULAR FIRST APPEAL 52 of 1986
Decided On : 04/03/1992