1985 JTR(SC) 169
1987 AIR(SC) 758 ; 1985 1 Scale 1319 ; 1986 1 SCC 365 ; 1987 KHC 1159
SUPREME COURT OF INDIA
STATE OF PUNJAB
VERSUS
MOHINDER SINGH
DECIDED ON: May 1, 1985
Act Referred :LAND ACQUISITION ACT : S.28, S.30(2), S.23(2)
Special Leave Petition - Compensation - Possession of Land - Appeal so far as quantum of compensation is concerned, because special leave petition has been dismissed against impugned judgment – Held, Respondents are entitled to benefit of the provisions of Act 68 of 1984 by which 30 Per Cent solatium is to be given from date of publication to the date of notification under S. 4, sub-section (1) of Act, and interest at the rate of 9 Per Cent instead of 6 Per Cent , as originally contained in unamended Act, from the date of taking possession of the land acquired. Since the decision in this case has been given after one year, it is manifest that under the said Act, respondents would be entitled to interest at the rate of 9 Per Cent towards which they have already got 6 Per Cent - Appeal dismissed
Special Leave Petition - Compensation - Possession of Land - Appeal so far as quantum of compensation is concerned, because special leave petition has been dismissed against impugned judgment – Held, Respondents are entitled to benefit of the provisions of Act 68 of 1984 by which 30 Per Cent solatium is to be given from date of publication to the date of notification under S. 4, sub-section (1) of Act, and interest at the rate of 9 Per Cent instead of 6 Per Cent , as originally contained in unamended Act, from the date of taking possession of the land acquired. Since the decision in this case has been given after one year, it is manifest that under the said Act, respondents would be entitled to interest at the rate of 9 Per Cent towards which they have already got 6 Per Cent - Appeal dismissed
( 1 ) ORDER :- Heard counsel for the parties. We find no merit in this appeal so far as quantum of compensation is concerned, because special leave petition has been dismissed against the impugned judgment. However, the respondents are entitled to the benefit of the provisions of Act 68 of 1984 by which 30 Per Cent solatium is to be given from the date of publication to the date of notification under S. 4, sub-section (1) of the Act, and interest at the rate of 9 Per Cent instead of 6 Per Cent , as originally contained in the unamended Act, from the date of taking possession of the land acquired. Since the decision in this case has been given after one year, it is manifest that under the said Act, respondents would be entitled to interest at the rate of 9 Per Cent towards which they have already got 6 Per Cent.
( 2 ) WITH the above observation, we dismiss the appeal. Order accordingly.