UMED INDUSTRIES AND LAND DEVELOPMENT CO. AND ORS. versus STATE OF RAJASTHAN AND ORS.

UMED INDUSTRIES AND LAND DEVELOPMENT CO. AND ORS. versus STATE OF RAJASTHAN AND ORS.

Claimants are entitled to payment of solatium at 15% and interest at rates prescribed under the Central Amendment Act only from the commencement date (1-8-1987) on enhanced compensation, not for any period prior; actions prior to commencement are not affected by the amendment.

Parties
Appellants: Umed Industries and Land Development Co. and Ors.; Respondents: State of Rajasthan and Ors.
Jurisdiction
India
Judgment Date
17 January 1995
Procedural Posture
Civil Appeal / Decision on Appeal by Supreme Court From High Court Revision
Outcome
Appeal allowed only to the extent of directing solatium and interest from 1-8-1987; otherwise dismissed.
Legal Topics
Compensation for Land Acquisition, Transitory Provisions, Interest and Solatium Under Land Acquisition Laws
Land Acquisition Urban Development Law Compensation for Land Acquisition Transitory Provisions Interest and Solatium Under Land Acquisition Laws

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Parties

Umed Industries and Land Development Co. and Ors.

Appellants

State of Rajasthan and Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal by Supreme Court From High Court Revision

Legal Issues

  1. 1 Whether the claimants are entitled to solatium and interest under the amended provisions of the Land Acquisition Act, 1894, in light of transitory provisions under the Rajasthan Urban Improvement (Amendment) Act, 1987
  2. 2 Whether the provisions of Sec. 52(2) and 53(6)(a) of Rajasthan Urban Improvement Act, 1959 are inconsistent with the amended Land Acquisition Act, 1894

Ratio Decidendi

Claimants are entitled to payment of solatium at 15% and interest at rates prescribed under the Central Amendment Act only from the commencement date (1-8-1987) on enhanced compensation, not for any period prior; actions prior to commencement are not affected by the amendment.

Court Disposition

Appeal allowed only to the extent of directing solatium and interest from 1-8-1987; otherwise dismissed.

Orders

  • Claimants entitled to solatium at 15% and interest as per the Central Amendment Act on enhanced compensation from 1-8-1987 till date of payment/deposit.
  • No order as to costs; parties to bear their own costs.