S. PRABHA SINGH DHILLON ETC. ETC. versus HOSHIARPUR IMPROVEMENT TRUST AND ORS.

S. PRABHA SINGH DHILLON ETC. ETC. versus HOSHIARPUR IMPROVEMENT TRUST AND ORS.

Petitioners are entitled to solatium under Section 23(2) at 30% on enhanced compensation, but not to interest under Sections 34 and 28 or additional compensation under Section 23(1-A), as possession remained with them and the statutory provisions intend to mitigate hardship only when possession is taken by authorities.

Parties
Petitioner: S. Prabha Singh Dhillon etc. etc.; Respondent: Hoshiarpur Improvement Trust and Ors.
Jurisdiction
India
Judgment Date
06 November 1995
Procedural Posture
Civil Appeal / Disposition of Appeals and Interlocutory Applications
Outcome
Petitions disposed of; petitioners entitled to solatium only.
Legal Topics
Solatium, Interest on Enhanced Compensation, Additional Compensation
Land Acquisition Solatium Interest on Enhanced Compensation Additional Compensation

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Parties

S. Prabha Singh Dhillon etc. etc.

Petitioner

Hoshiarpur Improvement Trust and Ors.

Respondent

Procedural Posture

Civil Appeal / Disposition of Appeals and Interlocutory Applications

Legal Issues

  1. 1 Whether petitioners are entitled to payment of solatium, interest, and additional compensation under the Land Acquisition Act, 1894 as amended by Act 68 of 1984 when possession remained with owners.

Ratio Decidendi

Petitioners are entitled to solatium under Section 23(2) at 30% on enhanced compensation, but not to interest under Sections 34 and 28 or additional compensation under Section 23(1-A), as possession remained with them and the statutory provisions intend to mitigate hardship only when possession is taken by authorities.

Court Disposition

Petitions disposed of; petitioners entitled to solatium only.

Orders

  • Land Acquisition Officer to determine solatium payable within four weeks from receipt of order.
  • Solatium payment to petitioners within six weeks after determination.