Th. Lrs. & Ors. v. Union Territory, Chandigarh

Supreme Court of India · 30 Nov 2012
H. L. Dattu; Chandramauli Kr. Prasad
CIVIL APPEAL NO. 8645 OF 2012
civil appeal_allowed Significant

AI Summary

The Supreme Court allowed the appeal and directed payment of Rs. 5,00,000 with interest to appellants as full and final compensation for land acquisition, overruling the High Court's refusal to grant solatium and interest.

Full Text
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Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8645 OF 2012
(SPECIAL LEAVE PETITION(CIVIL)NO.13238 OF 2007)
ATMA RAM (D) TH. LRS. & ORS. APPELLANTS
VERSUS
UNION TERRITORY, CHANDIGARH RESPONDENT
ORDER

1. Leave granted.

2. This Appeal by special leave is directed against the judgment and order passed by the High Court of Judicature of Punjab and Haryana at Chandigarh in F.A.O.No.532 of 1980, dated 06.09.2006. By the impugned judgment and order, the High Court has refused to grant solatium as well as interest on the compensation paid by the respondent for acquiring the lands of the appellants.

3. We have heard learned counsel for the parties to the lis. Page 2: 2:

4. Keeping in view the peculiar facts and circumstances of the case, if we direct the respondent No-1- Union Territory, Chandigarh, to pay a consolidated sum of Rs.5,00,000 it would satisfy the interests of the appellants.

5. In that view of the matter, while allowing the appeal, we direct the respondent to pay a sum of Rs.5,00,000 to the appellants in full and final settlement of all their claims within 45 days' time from the date of receipt of a copy of this order, failing which this amount will carry interest @9% p.a. till the date of payment. Ordered accordingly. No award as to costs ........................ J. (H.L. DATTU) ....................... J. (CHANDRAMAULI KR. PRASAD) NEW DELHI; NOVEMBER 30, 2012