1997 INSC 0900
                                        SUPREME COURT OF INDIA

                                                  State of Haryana

                                                           Vs.

                                                 Om Prakash Bhasin

                                               C.A.No.7716 of 1994

                                      (Dr.A.S.Anand and M.Srinivasan JJ.)

                                                      25.09.1997

                                                       ORDER

1. Delay condoned.

2. In this appeal which is directed against the judgment and order of the High Court, dated 25-3-
1985, notice issued by this Court was limited to the question of solatium and interest only.

3. Notification under Section 4 of the Land Acquisition Act (hereinafter the Act) was issued on 7-
10-1971. The Land Acquisition Collector made an Award giving compensation of the acquired land
@ Rs. 200/- per marla. The respondent sought a reference under Section 18 of the Act against the
award of the Land Acquisition Collector and the learned District Judge, Gurgaon, vide an Award,
dated 10-10-1978 allowed compensation @ Rs. 10/- per square yard. The respondent challenged the
award of the District Judge in the High Court. A learned single Judge, vide judgment and order
dated 28-1-1981 allowed the appeal and enhanced the compensation from Rs. 10/- per square yard
to Rs. 12/- per square yard. The respondent took the matter further in appeal to the Division Bench.
The Division Bench further raised the compensation to Rs. 15/- per square yard. The Division
Bench also held the respondent entitled to solatium @ 30% on the increase of Rs. 3/- per square
yard, besides interest @ 9% per annum for one year from the date of possession of the land and @
15% per annum thereafter till the date of payment. The Division Bench pronounced the judgment on
March 25, 1985. Hence, this appeal.

4. Mr. Prem Malhotra, learned Counsel for the appellants submits that the award of solatium @ 30%
under the provisions of S. 23 (1-A) of the Act, as introduced by the Amending Act, could not have
been granted to the respondent in view of the judgment of this Court in K. S. Paripoornan v. State of
Kerala (1994) 5 SCC 593. It is also submitted that since the award was made prior to 1982 and even
the District Judge disposed of the reference under Section 18 of the Act prior to 1982, interest @
9% and 15% was not admissible to the respondent. Reliance in that behalf is placed on K. S.
Paripoornan (II) v. State of Kerala, (1995) 1 SCC 367 : (AIR 1995 SC 581).

5. The submission made by Mr. Malhotra is well founded. Both the issues are squarely covered by
the judgments, noticed above. We, therefore, accept this appeal in part and set aside the judgment
and order of the High Court, dated 25-3-1985 and hold that the respondents are not entitled to grant
of any solatium and that the rate of interest shall be confined to 6% per annum only. With this
modification in the judgment and order of the High Court dated 25-3-1985, the appeal is disposed
of. There shall, however, be no order as to costs.

         Order accordingly.