Summary
Landowners whose land in Punjab was acquired under notifications of 2000 and 2002 appealed against the compensation fixed by the Punjab and Haryana High Court. That compensation was Rs. 19,85,700 an acre, following Surjit Singh, and Rs. 7,80,000 an acre in one appeal, following Kapoor Singh. This Court had since enhanced compensation in Surjit Singh by Rs. 2 lakh an acre and in Kapoor Singh by Rs. 1 lakh an acre, payable by the Greater Mohali Area Development Authority. Because the appellants were similarly placed, the Court enhanced their compensation in the same terms, with statutory solatium on the enhanced amount. Given the substantial delay in filing the appeals, it denied interest and other statutory benefits for the period between the High Court's judgments and the filing of the appeals in this Court.
Issues
- Whether landowners similarly placed to those in Surjit Singh and Kapoor Singh were entitled to the same enhancement of compensation granted by this Court in those cases.
- Whether delay in filing the appeals justified denying statutory benefits for the period of delay.
Provisions considered
- Sections 23 and 28 (solatium and interest), Land Acquisition Act, 1894Solatium was allowed on the enhanced compensation, but interest and other statutory benefits were withheld for the period between the High Court's judgments and the filing of the appeals, because of the delay. (¶¶ 5, 6)
Held
- The High Court had followed Surjit Singh and Kapoor Singh, in which this Court later enhanced compensation by Rs. 2 lakh and Rs. 1 lakh an acre respectively. Because the appellants were similarly situated, the same enhancements applied to them. (¶¶ 3, 4, 5)
- Because of the substantial delay in preferring the appeals, the landowners were denied interest and other statutory benefits on the enhanced amount from the date of the High Court's judgments until the appeals were filed. Solatium as prescribed by statute was allowed. (¶¶ 5, 6)
Result
Appeals partly allowed. Compensation was enhanced by Rs. 1 lakh an acre in the appeal arising from RFA No. 1614 of 2000 and by Rs. 2 lakh an acre in the rest, with statutory solatium. Interest and statutory benefits were denied for the period of delay. The Greater Mohali Area Development Authority was to deposit the amounts within three months. No costs.