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Smt. Bhagwan Devi Etc. vs Union Of India (Uoi) And Ors. on 27 April, 2006 cites

Kanwar Singh And Ors. Etc. Etc vs Union Of India on 30 October, 1998

2. The case was listed before the Court in furtherance to the above orders and the counsel for the parties were heard. As far as the claim of the petitioner is concerned, from the very language of the order of the Supreme Court stands accepted. It has been noticed in the order that if other claimants have been paid compensation @ Rs. 16750/- per bigha, there is no reason why the appellant should be deprived of that benefit by awarding him less compensation. There was no serious opposition to the grant of this compensation. However, the learned Counsel appearing for the respondents while relying upon the judgment of the Division Bench of this Court in the case of the Kanwar Singh and Ors v. Union of India contended that the appellant would not be entitled to interest under Section 23(1a) granted by the Court on the enhanced amount because the delay is attributable to the claimant himself or even to his own limitations. In terms of the order of the Court and since there is no dispute to the fact that the claimant's place is identical like the petitioner, the claimant is also awarded compensation @ Rs. 16,750/- for the land which have been acquired. He would be entitled to interest even on the enhanced amount till passing of the award by the Reference Court but would not be entitled to interest in terms of Section 23(1a) from the date of filing of the appeal till date. However, he could be entitled to all other statutory benefits of solarium and interest in accordance with law. We may also clarify that the petitioner would also be entitled to interest and all other benefits including Section 23(1a) of the Act on the initial sum of Rs. 8,000/- for the entire period.
Supreme Court of India Cites 4 - Cited by 258 - V N Khare - Full Document
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