Punjab-Haryana High Court
Union Of India vs Surinder Singh Son Of And Legal ... on 23 August, 2013
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.278 of 2012 (O&M)
Date of decision: 23.08.2013
Union of India, through Defense Estate Officer, Bathinda Circle,
Bathinda, through Raman Deep Singh, Defence Estate Officer.
...Petitioner.
versus
Surinder Singh son of and legal representative of Basant Singh son
of Jeon Singh son of Harnam Singh, resident of Village Bhucho
Kalan, Tehsil and District Bathinda, and another.
....Respondents
II. Civil Revision No.272 of 2012 (O&M)
Union of India, through Defense Estate Officer, Bathinda Circle,
Bathinda, through Raman Deep Singh, Defence Estate Officer.
...Petitioner.
versus
Kehar Singh son of Narain Singh, resident of Village Mehna, Tehsil
and District Bathinda, and another.
....Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Ms. Ranjana Shahi, Advocate,
for the petitioner.
None for the respondents.
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K.Kannan, J. (Oral)
1. The point raised in both the cases by the Union is covered through the judgment of the Supreme Court in Gurpreet Singh Versus Union of India-2006(8) SCC 457. A 5-Member Kumar Sanjeev 2013.08.30 10:32 I attest to the accuracy and integrity of this document chandigarh Civil Revision No.278 of 2012 (O&M) -2- Bench of the Supreme Court was explaining the applicability of the law laid down by the Supreme Court in Sunder Versus Union of India-2001(4) RCR (Civil) 727, decided on 19.09.2001, providing for interest and solatium and treating the said amount as a part of the award. It has laid down that in respect of matters where there is no specific consideration on interest and solatium, Sunder's case (supra) will be applied and if it is not a closed execution, the Executing Court will be entitled to permit its recovery from the date of judgment in Sunder's case (supra). In respect of pending cases, if there was no issue, it was to be understood as applicable only in cases where the decree was passed even prior to the decision in Sunder's case (supra). In this case, the appeal was concluded before the Supreme Court on 20.10.1994. Consequently, the calculation of interest on solatium shall arise only from 19.09.2001 and not earlier.
2. The order of the court below is set aside and the revision petitions are allowed. The Executing Court shall apply the law as laid down in Gurpreet Singh's case (supra) in para 54 and proceed with further process in execution.
(K.KANNAN) JUDGE 23.08.2013 sanjeev Kumar Sanjeev 2013.08.30 10:32 I attest to the accuracy and integrity of this document chandigarh