UNION OF INDIA versus KISHAN CHAND AND ORS.

UNION OF INDIA versus KISHAN CHAND AND ORS.

Since the Reference Court had decided the matter in December 1973, the respondents are not entitled to enhanced solatium, interest, and additional benefit under Sections 23(2), 28, and 23(1-A); instead they are entitled to interest at 6% on enhanced compensation and solatium at 15%.

Parties
Appellant: Union of India; Respondents: Kishan Chand and Ors.
Jurisdiction
India
Judgment Date
11 October 1996
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed; judgment of High Court modified.
Legal Topics
Compensation Calculation, Solatium, Interest, Amendment Applicability
Land Acquisition Compensation Calculation Solatium Interest Amendment Applicability

Case Brief

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Parties

Union of India

Appellant

Kishan Chand and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether claimants are entitled to enhanced solatium, interest, and additional benefits under Amendment Act 68 of 1984 when the Reference Court's award was made in 1973

Ratio Decidendi

Since the Reference Court had decided the matter in December 1973, the respondents are not entitled to enhanced solatium, interest, and additional benefit under Sections 23(2), 28, and 23(1-A); instead they are entitled to interest at 6% on enhanced compensation and solatium at 15%.

Court Disposition

Appeal allowed; judgment of High Court modified.

Orders

  • Claimants entitled to interest @ 6% on enhanced compensation and solatium at 15%
  • No costs