R.L.ANAND
State of Haryana – Appellant
Versus
Arjan – Respondent
R.L. Anand, J. - Service of the LRs of Murari, respondent No. 4, is dispensed with as the interest of the LRs can be well safeguarded by the presence of respondents 1 to 3.
2. Heard on merits.
3. This is a civil revision filed by the State of Haryana against respondents 1 and 4, and the sole point for determination in this case is whether interest on solatium can be granted to the land owners or not.
4. Counsel for the petitioners draws my attention to Section 28 of the Land Acquisition Act, 1894, and submits that a reading of section would show that the Legislature has not awarded interest on solatium and, therefore, the Court below was in error when interest was awarded on solatium to the land owners.
5. Section 28 of the Act lays down that if 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 the Collector shall pay interest on such excess at the rate of nine per centum per annum from the date on which he took possession of the land to the date of payment of such excess into Court. Provided that the award of the Court may
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