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2020 Supreme(Del) 351

PRATHIBA M.SINGH
Hari Singh (Deceased) Thr Lrs. – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Petitioner:Sh. K. Sunil & Ms. Chinky Ojha, Advocates.
For the Respondent:Sh. Yeeshu Jain & Ms. Jyoti Tyagi, Advocates, Sh. Arjun Pant, Advocate, Sh. B.S. Kharb, Advocate, Sh. Namit Suri, Advocate, Amicus Curiae

JUDGMENT :

1. The present petitions raise an important question of law as to whether an Executing Court giving effect to an award passed by the Land Acquisition Collector can go into the genuineness and validity of the Will set up by one of the heirs of the deceased, in whose favour compensation already stands confirmed.

2. The facts in these cases show that land in village Bharthal was acquired by the Government on 13th December, 2000. A decree dated 7th August, 2008 was passed in LAC No.266-A/06, holding Sh. Hari Singh and his three sons who were the Petitioners, as being entitled to the compensation. The operative portion of the said judgment/decree reads as under:

    “55. On the basis of my findings on Issue nos. 1 and 2, the Petitioners are entitled to compensation @ Rs. 15,00,000/- per acre in block "A" and Rs. 13,36,000/- per acre in block "B". Besides this the Petitioners are also entitled to 30 per cent solatium on the market value of the land fixed in this case.

56. The petitioners shall also be entitled to interest on the enhanced amount/compensation awarded by this court u/s 28 of LA Act @ 9 per cent per annum from the date of award or dispossession whichever is earlier till t

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