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VINIT KUMAR MATHUR
Rajasthan State Mines And Minerals Ltd. – Appellant
Versus
Sitaram – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - Heard learned counsel for the parties.
2. The present writ petitions have been filed against the order dated 26.09.2019 passed by the District Judge Merta, Rajasthan in Execution Case Nos. 1/2011 and 2/2011.
3. Learned Senior counsel submits that while passing the order dated 26.09.2019, the learned trial court has committed an error while calculating the interest on the solatium amount awarded in the acquisition proceedings. Learned Senior counsel firstly, submits that the claimants are not entitled for any interest on the solatium amount. Secondly, he submits that the date of awarding the interest in the present case is taken as 07.11.1997, which is incorrect as actually the date on which the last Section 4 notification for acquisition of land published in the newspaper dated 23.05.1998 should have been taken into consideration. He, therefore, submits that the learned Executing Court has committed an error while calculating the amount in the present case.
4. Per contra, learned counsel appearing for the respondents submits that there is no error in the order passed by the learned District Judge on 26.09.2019 as the respondents-claimants are entitled
Acquisition of land – Interest on Solatium can be claimed only in pending executions and not in closed executions.
The court established that solatium is a component of compensation, entitling claimants to interest on it from the date of acquisition, contrary to restrictions imposed by the High Court.
The main legal point established in the judgment is that claimants are entitled to additional compensation and interest on the enhanced amount, including solatium, as per the provisions of the Land A....
The solatium and interest amount were held to be payable under the Act of 1953, and the solatium formed a component of the compensation itself, warranting interest. The interest on solatium was held ....
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