Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Kapur Chand Jain (dead) And Others v. State Government Of H. P. And Others

Kapur Chand Jain (dead) And Others v. State Government Of H. P. And Others

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 20139-20140 Of 1997 | 10-08-1998

1. IAs Nos. 3 and 4 are granted. Legal representatives of Petitioner 1 are permitted to be brought on record

2. So far as IAs Nos. 1 and 2 are concerned, we are informed that as Petitioner 3 had died pending proceedings in the High Court, an application for bringing the legal representatives of Petitioner 3 on record was also filed in the High Court and that is granted. Accordingly, these IAs are also granted. The legal representatives of Petitioner 3 are permitted to be brought on record as they are already brought on record by the High Court

3. Learned counsel for the petitioners invited our attention to a three-Judge Bench judgment of this Court in Union of India v. Ram Mehar and also later two decisions of two-Judge Benches of this Court in Periyar and Pareekanni Rubbers Ltd. v. State of Kerala and Narain Das Jain v. Agra Nagar Mahapalika. Relying on these judgments, he submitted that for applicability of Section 28 of the Land Acquisition Act, 1894 solatium has to be considered as a component of compensation and interest could be paid thereon; and that the High Court has wrongly not granted interest on solatium. However, there is another three-Judge Bench judgment of this Court in Prem Nath Kapur v. National Fertilizers Corpn. of India Ltd. wherein a contrary view is taken and it has been held, as seen from Headnote (C), that no interest is payable on solatium under Section 23(2) or on additional amount payable under Section 23(1-A). For coming to that conclusion, the Bench of three learned Judges relied upon another decision of this Court in P. Ram Reddy v. Land Acquisition Officer.

4. In view of this conflict of decisions and also in view of the further fact that the three-Judge Bench of this Court in Prem Nath Kapur had no opportunity to refer to the earlier decision of a three-Judge Bench in Ram Mehar we direct that these special leave petitions be placed for decision before a three-Judge Bench of this Court. The office may obtain suitable orders from the Honble Chief Justice.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE M. JAGANNADHA RAO
  • HON'BLE JUSTICE S. B. MAJMUDAR
Eq Citations
  • AIR 1999 SC 3470
  • (1999) 2 SCC 89
  • LQ/SC/1998/762
Head Note

Land Acquisition Act, 1894 — Ss. 23(2) and 28 — Interest on solatium — Whether payable — Conflict of decisions — Three-Judge Bench judgment in Ram Mehar (supra) holding that solatium has to be considered as a component of compensation and interest could be paid thereon — Two-Judge Bench judgments in Periyar and Pareekanni Rubbers Ltd. and Narain Das Jain (supra) following Ram Mehar — Another three-Judge Bench judgment in Prem Nath Kapur (supra) taking a contrary view that no interest is payable on solatium under S. 23(2) or on additional amount payable under S. 23(1-A) — In view of conflict of decisions and in view of the fact that three-Judge Bench in Prem Nath Kapur had no opportunity to refer to earlier decision of a three-Judge Bench in Ram Mehar, held, special leave petitions be placed for decision before a three-Judge Bench of Supreme Court — Land Acquisition Act, 1894 — S. 28 — Interest on solatium — Land Acquisition Act, 1894 — Ss. 23(2) and 23(1-A) — Interest on solatium — Land Acquisition Act, 1894 — S. 23(1-A) — Additional amount payable under S. 23(1-A)