Union Of India vs Kishan Chand Etc.
1992 Latest Caselaw 242 Del

JUDGMENT

Sunanda Bhandare, J.

(1) The short question for consideration in this appeal filed by Union of India against the order of the Additional DistrictJudge, Delhi dated 31.8.1985 is that whether interest @ 95% and 15% under Section 18 of the Land Acquisition (Amendment) Act read with Section 28 of the Principal Act was rightly awarded by the Additional District Judge and also whether the Additional District Judge was right in granting enhanced solarium at 30% and interest for the period 11.9.1962 to 4.8.1983 i.e., the period during which the reference had remained stayed.

(2) The question regarding payment to enhanced interest @ 9% and15% under Section 18 of the Land Acquisition (Amendment) Act read with Section 28 of the Principal Act and enhanced solarium at 30% has now been conclusively decided by the Supreme Court in Hoshiarpur Improvement Trustv. The President, Land Acquisition Tribunal & Ors., 1990 (2) Jt 567. The question of payment of 12% additional amount under Section 23(1)(A) has been decided by the Supreme Court in Union of India v. Johra Singh, 1991 JT (4) 538.

(3) The question regarding payment of interest for the period during which the reference under Section 11 of the Land Acquision Act remained stayed has also been considered by this Court in RFA244/76 (Union of India v. Sh. Hakumat Rai Devi Charm Topokhane Wala Dharmarth Truit) decided on 25/08/1983. This Court has held that in view of Section 28 of the Land Acquisition Act, the claimants are entitled to interest even for the period during which the reference remained stayed because of the pendency of proceedings under Sections 30 and 31 of the Land Acquisition Act. This appeal is, therefore, without any merit.Even otherwise no one appears for the appellant. Dismissed in default.

(4) The amount deposited by the appellant pursuant to the order of this Court dated 12.2.1986 be now paid to the respondents/claimants.CM. 353/92

(5) Dismissed as not pressed.