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1 - 10 of 14 (0.27 seconds)Section 23 in The Land Acquisition Act, 1894 [Entire Act]
Section 28 in The Land Acquisition Act, 1894 [Entire Act]
Section 34 in The Land Acquisition Act, 1894 [Entire Act]
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Om Parkash And Another vs State Of U.P. And Ors on 14 December, 1973
The claim to solatiun surfaced
and compulsory acquistition of the land but also on
the law on the subject being declared by this Court
in Om Prakash's case (supra). We are thus of the
view that the High Court should have measured the
claim of the appellant to solatium on the sum
awarded by the Tribunal with the same yardstick as
to the sum awarded by it and modified in decree
accordingly. We have thus no hesitation in upsetting
the judgment and order of the High Court in this
regard and award to the appellant solatium at the rate
of 15% on the entire market value of the land, which
would include a sum of Rs. 1,45,839 left out by the
Tribunal and the High Court. The appellant further shall
be entitled to the interest at the rate of 6% per annum
from 11-3-1953, the date of taking possession, till
the date of payment of the sum due as solatium. The
appeal shall stand allowed accordingly.