C.W.P. No.2799 of 1986 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.2799 of 1986 Date of Decision: 11.1.2008 Hari Singh .....Petitioner Vs. State of Punjab and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Ravi Kant Sharma, Advocate for the petitioner. None for the respondents. ... RAJIVE BHALLA,J (Oral) The sole prayer, in this writ petition is, for modification of the award pronounced by the Land Acquisition Tribunal, by granting solatium and interest, in terms of the provisions of Sections 23(2) and 28 of the Land Acquisition Act. Land measuring 13.70 Acres was acquired for Improvement Trust, Hoshiarpur, by issuance of a notification under Section 36 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as `the Act') The scheme was finally sanctioned by way of a notification issued under Section 42 of the Act dated 18.3.1980. The Land Acquisition Collector, pronounced his award on 2.2.1982. Dissatisfied with the assessment made by the Collector, the petitioner filed Reference No.1 of 1982. The reference was forwarded to the Land Acquisition Tribunal, constituted under the Improvement Trust Act. Vide order dated 6.12.1983, the market value was enhanced and the C.W.P. No.2799 of 1986 2 petitioner was awarded solatium @ 15% and future interest @ 6% p.a. Counsel for the petitioner contends that the learned Tribunal erred in awarding solatium and interest at 15% and 6% respectively, as the award was pronounced after 30.4.1982. The learned Tribunal should have awarded solatium and interest at the rates prescribed under Section 23(2) and Section 28 of the Land Acquisition Act, namely; solatium @ 30% and interest @ 9% p.a. for the first year after the award and @ 15% p.a. thereafter for the period that amount remained unpaid. No one has put in appearance on behalf of the respondents. I have considered the arguments addressed by counsel for the petitioner, perused the provisions of the Land Acquisition Act and the Punjab Town Improvement Act. The Land Acquisition Tribunal, pronounced its award on 6.12.1983 i.e. after 30.4.1982. It is settled law that while assessing compensation, payable for acquisitions effected under the Act, solatium and interest has to be paid,on the market value as per the provisions of the Land Acquisition Act. A dispute, as to whether the amendments in the Land Acquisition Act, enacted by Act No.68 of 1984, granting enhanced rates of solatium and interest to landowners, would apply to acquisitions under the Punjab Town Improvement Act was settled by the Hon'ble Supreme Court in Nagpur Improvement Trust Vs. Vasant Rao, AIR 2002 S.C. 3499. The Hon'ble Supreme Court held that Act No.68 of 1984, would apply to proceedings for acquisition under the Punjab Town Improvement Trust Act and, therefore, to awards passed by Land Acquisition Tribunals after 30.4.1982. As the Land Acquisition Tribunal, pronounced its award on 6.12.1983 i.e. after 30.4.1982, the petitioner would be entitled to receive C.W.P. No.2799 of 1986 3 solatium and interest in accordance with the provisions of Sections 23(2) and Section 28 of the Land Acquisition Act, Consequently, the award pronounced by the Land Acquisition Tribunal is modified to the extent that the petitioner would be entitled to receive, in addition to the market value assessed, solatium @ 30% and interest thereon @ 9% p.a. for the first year and @ 15% p.a. thereafter for the period that amount remained unpaid. However, any amount that has been received by the petitioner, pursuant to the award, shall be adjusted. With the aforementioned modification, the present writ petition is disposed of. 11.1.2008 ( RAJIVE BHALLA ) GS JUDGE