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1981 Supreme(P&H) 292

RAJENDRA NATH MITTAL
Nand Ram – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Briefly, the facts of the case are that some land of the petitioners situated in village Chhattera, District Sonepat, was acquired by the State Government under the Land Acquisition Act. The award was given by the Collector on Sept. 13, 1961. They were not satisfied with the award of the Collector and they got the matter referred to the Civil Court under S.18 of the Act. It dismissed the application on 28th Jan., 1963, and maintained the award of the Collector. They came up in appeal to this Court. The Court increased the compensation with respect to Ghahi land but did not grant the interest on the enhanced amount. They have filed the application under Ss.151, 152 and 153 of the Code of Civil Procedure, praying that they should be granted interest on that amount.

2. The only question that arises for determination is as to whether the petitioners can claim the interest on the enhanced amount after a lapse of about eight years. Section 28 of the L.A. Act provides that if the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Court may direct that




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