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State Of Punjab v. Mohinder Singh And Another

State Of Punjab
v.
Mohinder Singh And Another

(Supreme Court Of India)

Civil Appeal No. 3267 of 1979 | 01-05-1985


1. Heard counsel for the parties. We find no merit in this appeal so far as quantum of compensation is concerned, because special have 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% solatium is to be given from the date of publication to the date of notification under Section 4, sub-section (1) of the, the interest at the rate of 9% instead of 6%, 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% towards which they have already got 6%.

2. With the above observation, we dismiss the appeal.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE SYED M. FAZAL ALI

HON'BLE JUSTICE A. VARADARAJAN

HON'BLE JUSTICE RANGANATH MISRA

Eq Citation

AIR 1987 SC 758

(1986) 1 SCC 365

1985 (1) SCALE 1319

LQ/SC/1985/169

HeadNote

Constitution of India — Arts. 300, 300-A and 265 — Compensation — Quantum — Held, no merit in appeal — However, respondents entitled to benefit of provisions of 68 of 1984 by which 30 solatium is to be given from date of publication to date of notification under S. 4(1) of Land Acquisition Act, 1894 and interest at rate of 9% instead of 6% as originally contained in unamended Act from date of taking possession of land acquired — Since decision in case has been given after one year, under said Act respondents would be entitled to interest at rate of 9% towards which they have already got 6% — Land Acquisition Act, 1894 — Ss. 23 and 34 — Interest on compensation — Rate of — Interest at rate of 9% instead of 6% — Land Acquisition (Amendment and Validation) Act, 1984, S. 2