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2001 Supreme(P&H) 1133

BAKHSHISH KAUR
State of Haryana – Appellant
Versus
Banwari Lal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sultan Singh, AAG, Haryana.

JUDGMENT

Bakhshish Kaur, J. - This revision petition is directed against the order whereby interest on solatium and additional amount was allowed to be adjusted from the amount already deposited by the judgment debtors.

2. The grievance of the petitioner is that interest on solatium cannot be awarded.

3. The land belonging to the respondent was acquired by the State Government. The award given by the Land Acquisition Collector was not acceptable to the respondent, therefore, reference made on the award was in favour of the respondent-land owner, who was allowed compensation besides statutory benefits under Section 23(1-A) (2) of the Land Acquisition Act.

4. The only point under consideration is whether interest can be awarded on solatium. According to Mr. Sultan Singh, learned Assistant Advocate General, no interest is payable on solatium under Section 23(2) and on the additional amount under Section 28 of the Act. This objection was taken in the ground of revision by relying on Prem Nath Kapur and another v. National Fertilizers Corporation of India Ltd. and others, 1996(2) SCC 71 and Yadavrao P. Pathade v. State of Maharasthra, 1996(2) SCC 570.

5. Mr. Sultan Singh, learned Assista




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