Civil Revision No. 5816 of 2010 -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 5816 of 2010(O&M) Date of Decision:September 10, 2010 Shri Kartar Singh and others ---Petitioners versus State of Haryana ---Respondent Coram: HONBLE MR. JUSTICE GURDEV SINGH *** Present: Mr.Saurabh Kapoor, Advocate, for the appellant *** GURDEV SINGH, J. Heard. The petitioners, Kartar Singh, Sher Singh and Subhash Chand , have filed this revision petition under Article 227 of the Constitution of India challenging order dated 28.1.2010 passed by Additional District Judge, Gurgaon, in Misc. application No. 321/2003 filed in Execution application No. 10/1983 in Land Acquisition Case No. 10/1983, vide which the recovery of the excess amount of Rs. 9, 44, 366. 45P, as per the notice issued by the Land Acquisition Officer, has been allowed. The only contention of the counsel for the petitioners is that the Civil Revision No. 5816 of 2010 -2- order passed by the Hon'ble Supreme Court in respect of the granting of the solatium and interest, as prevailed prior to the amendment of the Land Acquisition Act, 1894, is to be applied only on the difference of the enhanced market value and not on the total market value of Rs. 30/- per square yards, as allowed by the Hon'ble Supreme Court. The relevant portion of the order passed by this Court, vide which the compensation was awarded to the petitioners is reproduced below:- “:.........the market value for the entire acquired land is fixed at uniform rate of Rs. 17.50 per square yard. On the market value to be calculated at the aforesaid rate, the claimants would be entitled to an amount to be calculated at the rate of 12 per cent per annum in accordance with provisions of Section 23(1-A) of the Land Acquisition Act, 1894. Besides the above, the claimants would be entitled to solatium on the market price i.e. Rs. 17.50 per square yard at the rate of 30 per cent as provided by the Amendment Act, 1984. On the market price to be calculated at Rs. 17.50 per square yard, plus 30 per cent solatium, the claimants would be entitled to interest at the rate of 9 per cent per annum within a period of one year from the date of taking of possession and at the rate of 15 per cent per annum from the date of expiry of the aforesaid period of one year till payment.” In the appeal preferred by the petitioners against that order before the Hon'ble Supreme Court, they were awarded the enhanced market value for their land at the rate of Rs. 30/- per square yard. However, the Civil Revision No. 5816 of 2010 -3- statutory benefits of solatium and interest on the enhanced market value was allowed as prevailed prior to the Land Acquisition Act, 1894. The relevant portion of that order is reproduced below:- “That the judgment and Order dated 12th February, 1985 of the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal Nos. 388, 391, 389, 390 and 392 of 1983 be and is hereby modified by directing that the appellants herein shall be entitled to enhanced market value for their lands at the rate of Rs. 30/- per square yard and other statutory benefits of solatium and interest on enhanced market value as prevailed prior to the amendment of the Land Acquisition Act, 1894, subject to the appellants herein paying the deficit court fee within eight weeks from this the 18th day of January 1994.” A perusal of the order of the Hon'ble Supreme Court leaves no doubt that the statutory benefits of solatium and interest were allowed, on the total enhanced market value, as prevailed prior to the amendment of the Land Acquisition Act, 1894. the interpretation as put forward by counsel for the petitioners cannot be accepted. The position would have been different if the Hon'ble Supreme Court had ordered those statutory benefits only on the difference of the market value. “The enhanced market value” is to be taken as Rs. 30 per square yard and not the difference between that amount and which was awarded by this Court. It has not been disputed by the learned counsel for the petitioners that the amount in respect of which the impugned order has been passed, is the amount which has been paid to the petitioners in excess, if the calculations are made by taking the order passed by the Hon'ble Supreme Civil Revision No. 5816 of 2010 -4- Court as application to the total enhanced market value. There is no merit in this revision petition and the same is hereby dismissed. (GURDEV SINGH) JUDGE September 10, 2010 PARAMJIT