SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(HP) 5574

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya, J
Union of India – Appellant
Versus
Mohan & Ors. – Respondent
Civil Revision No.4 of 2022|Civil Revision No. 123 of 2022|Civil Revision No. 128 of 2022



Advocates:
For the Appellants/Petitioners: Mr. Shiv Pal Manhans, Senior Panel Counsel
For the Respondents:Mr. Maan Singh, Advocate, Mr. Amandeep Sharma, Addl.A.G.

The liability to pay interest on solatium under the Land Acquisition Act was affirmed, rejecting the appellants' claims against such payment.

Headnote:The court analyzed the provisions under the Land Acquisition Act concerning interest on solatium, referencing Sunder Singh vs. Union of India, (2001) 7 SCC 211, and presented facts where the respondents sought compensation after being affected by land acquisition. The learned Executing Court's orders were upheld, stating there was no illegality in rejecting the appellant's objection to pay interest. The issues included questions of liability to pay interest, leading the court to determine that the petitioners could not be granted relief based on previous judgments related to the same matter. Consequently, the petitions were dismissed.

Table of Content
1. application for legal representatives inclusion. (Para 1 , 2 , 3 , 4)

Satyen Vaidya, Judge (Oral).

CMP No. 915 of 2025 in C.R. No. 123 of 2022 This application has been filed under Order 22, Rule 4 of the Code of Civil Procedure rfead with Section 5 of the Limitation Act for bringing on record the legal representatives of deceased respondent No.1.

2. It is averred that respondent No.1 Shri Mast Ram has expired on 21st July, 2022. Copy of his death certi has been placed on record along with the application. Deceased Mast Ram is survived by his legal representatives as detailed in para-3 of the application.

3. The application is not opposed.

4. Though, the petitioner Union of India was to bring H on record the legal representatives of deceased respondent No.1 but since no steps have been taken, this application has been filed by the legal representatives of deceased respondent No.1.

5. For the reasons stated in the application, the delay in bringing on record the legal representatives of deceased respondent No.1 is condoned and the legal representatives of deceased respondent No.1 as detailed in para-3 of the application are ordered to be brought on record. Amended memo of parties has been filed and is taken on record. The application stands disposed of.

C.R. No. 4 of 2022 along with C.R. No. 123 and 128 of

2022.

6. Heard.

7. All these petitions are being disposed of by a common order as common qtuestions of facts and law are involved.

8. These petitions have arisen from the orders passed by the learned Executing Court rejecting the objection of the petitioner as to its liability to pay interest on the amount of solatiuhm.

9. The respondents in all these petitions were awarded compensation under the Land Acquisition Act . All the respondents were affected by the same acquisition proceedings. Award was passed by the learned Land Acquisition Collector against which reference petitions were filed separately by the respondents.

10. After pronouncement of common award by the reference Court, since the awarded amount was not being deposited by the petitioner(s) herein, the respondents had filed execution petitions. In such execution petitions, objection raised by the petitioners herein was that they were not liable to pay the interest on the solatium. Learned executing Court vide impugned order(s) rejected the objection raised by the petitioners herein. H

11. I find no illegality or perversity in the impugned orders as the interest on solatium has been held to be payable in Sunder Singh vs. Union of India , (2001) 7 SCC 211. In this view of the matter, there is no merit in these petitions. Even otherwise also, the petitioners cannot be granted any relief as the same contention raised by them in an identical matter arising out of the same acquisition proceedings in CMPMO No. 4181 of 2010 stands dispelled and rejectehd by this Court vide judgment dated 24.11.2010 and later followed vide judgment dated 21.03.2025, passed by this Court in Civil Revision No.80 of 2022 and other connected matters.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top