E. S. VENKATARAMIAH, R. S. PATHAK, RANGANATH MISRA, S. NATARAJAN, SABYASACHI MUKHARJEE
Union Of India: Prithipal Singh: Ram Mehar Raj Kumar: Delhi Cattle Breeding Farms Private LTD. – Appellant
Versus
Raghubir Singh: Union Of India: Union Of India: Union Of India – Respondent
JUDGMENT
PATHAK, CJI.:— The question of law referred to us for decision in these cases is :
"Whether under the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 the claimants are entitled to solatium at 30 per cent of the market value irrespective of the dates on which the acquisition proceedings were initiated or the dates on which the award had been passed"?
2. It would suffice if we briefly refer to the facts in the Civil Appeals arising out of Special Leave Petitions Nos. 8194-8195 of 1985 : Union of India and another v. Raghbir Singh.
3. The land belonging to the respondents in village Dhaka was taken by compulsory acquisition initiated by a notification under S. 4 of the Land Acquisition Act, 1894 issued on 13 November, 1959. The award with regard to compensation was made by the Collector on 30th March, 1963. A reference under S. 18 of the Act was disposed of by the Additional District Judge on 10 June, 1968. He enhanced the compensation. The respondents preferred an appeal to the High Court claiming further compensation. During the pendency of the appeal the Land Acquisition (Amendment) Bill 1982 was introduced in Parliament on 30 April, 1982,
Referred to : Javed Ahmed AbdalHamid Pawala v. State of Maharashtra
Relied on : Kesavaflanda Bharari v. State of Kerala
Indira Nehru Gandhi v. Raj Narain
Minerva Mills Ltd. v. Union of India
S.P Sampath Kumar v. Union of India
Referred to : State of Bombay v. United Motors (India) Ltd.
Maganlal Chhagganlal (P) Ltd. v. Municipal Corpn. of Greater Bombay
Lt. Col. Khajoor Singh v. Union of India
Keshav Mills Co. v. Commissioner of Income Tax
Sajjan Singh v. State of Rajasthan
Girdhari Lal Gupta v. D.N. Mehta
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