FAO No.745 of 1987 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.745 of 1987 Date of decision: December 11, 2008 Smt Parkash Wati and Others …..APPELLANTS Versus Union of India and others. …..RESPONDENTS CORAM: HON’BLE MR JUSTICE T.P.S.MANN PRESENT: Mr Hemant Sarin, Advocate for the claimants. Mr Rajiv Sharma, Sr. Panel Counsel for the Union of India. T.P.S.MANN, J. (Oral): This common order shall dispose of FAO Nos. 745 to 751 of 1987, 839 of 1989 and Cross Objections No.10-CII of 1988 in FAO No.569 of 1987 filed by the claimants and FAO Nos. 564 to 571 of 1987 filed by the Union of India, as common questions of law and facts are involved in all these case. The facts are being taken from FAO No. 745 of 1987. Learned counsel for the claimants submits that the present appeals are covered by a judgement of this Court in FAO No.1029 of 1988 (Union of India vs Kewal Kishore), decided on 13.10.2004, whereby the compensation for the acquired land, as assessed by the learned Arbitrator at the rate of 225/- per marla was up-held. It is also submitted that the FAO No.745 of 1987 2 acquisition in the present appeals relates to the year 1964 and the Arbitrator gave his award in the year 1989. Therefore, the claimants were rightly granted solatium and interest on the enhanced amount. Prayer has, accordingly, been made for allowing the appeals and cross objections filed by the claimants so as to determine the price of the acquired land at the rate of Rs.225/- per marla and also for dismissing the appeals filed by Union of India. Learned counsel for Union of India fairly admits that FAO No. 1029 of 1988 also arose out of Notice No.2786/MLRO dated 1.8.1964, published in Punjab Government Gazette dated 21.8.1964, as are the present appeals. However, he states that the Union of India has already challenged the aforesaid decision in FAO No.1029 of 1988 and other connected appeals by filing Special Leave to Appeal (Civil) Nos. 7895-7897 of 2005, in which notice was issued on 2.9.2005 and the grant of solatium and interest was stayed, in the meantime. The aforementioned Special Leaves to Appeal have not been listed for final hearing so far. Since the present appeal and the other connected appeals filed by the claimants are squarely covered by the judgment of this Court in FAO No.1029 of 1988 (Union of India vs Kewal Kishore ), decided on 13.10.2004, the same are, accordingly, allowed by holding that the claimants are entitled to the compensation for the acquired land at the rate of 225/- per marla. They would also be entitled to the grant of solatium at the rate of 30% and interest at the rate of 9% per annum for the first year and 15% per annum for the subsequent years, on the enhanced amount till the realization. The Union of India shall pay the enhanced amount of FAO No.745 of 1987 3 compensation to the claimants as mentioned above. However, Union of India shall wait for the decision in the aforesaid Special Leave to Appeal (Civil) Nos. 7895-7897 of 2005 before making the payment of solatium and interest. In case, the Hon'ble Supreme Court upholds the grant of amount on both the counts, the Union of India shall be required to pay the same to the claimants. Resultantly, FAO Nos.745 to 751 of 1987, 839 of 1989 and Cross Objections No.10-CII of 1988 in FAO No.569 of 1987 are allowed. The natural corollary is that FAO Nos. 564 to 571 of 1987 filed by the Union of India are dismissed. December 11 2008 (T.P.S.MANN) Pds. JUDGE