Union of India Union of India v. Sadhu Singh, Sant Singh Sadhu Singh, Sant Singh
Case Details
FAO-1527 1527-1992 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH 1992 (O&M) FAO-1527-1992 Reserved on: 09.07.2025 Reserved on: 09.07.2025 Date of pronouncement pronouncement: 15.07.2025 Union of India Union of India ...Petitioner VERSUS Sadhu Singh, Sant Singh Sadhu Singh, Sant Singh ...Respondent(s)
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Ms. Geeta Singhwal, Advocate for the appellant. Present : Ms. Geeta Singhwal, Advocate for the appellant. Present : None for the respondent(s). None for the respondent(s). **** HARKESH MANUJA, J. HARKESH MANUJA, y way of present appeal challenge has been laid to the By way of present appeal challenge has been laid to the y way of present appeal challenge has been laid to the decision dated 16/26.11.1991 pas decision dated ssed by cum- the Arbitrator-cum Additional whereby the claim made by the dditional District Judge, Bathinda, whereby the claim made by the whereby the claim made by the respondent/landowners respondent/landowners for enhancement of compensation was enhancement of compensation was granted along with award of solatium @ granted along with award with interest of solatium @ 30% and also with interest compensation at the rate of 9% per annum from the on the amount of compensation at the rate of 9% per annum from the compensation at the rate of 9% per annum from the on the amount of date of taking possession for a period of one year and thereafter @ date of taking possession for a period of one year and thereafter @ date of taking possession for a period of one year and thereafter @ date of taking possession for a period of one year and thereafter @ 15% per annum till the date of payment of compensation in Court. 15% per annum till the date of payment of compensation in Court. 15% per annum till the date of payment of compensation in Court. 2. Briefly stated, 13 kanal 17 marlas of land situated in Briefly stated, 13 kanal 17 marlas of land situated in Briefly stated, 13 kanal 17 marlas of land situated in District Bathinda, owned by Village Mehna, District Bathinda, owned by District Bathinda, owned by Village Mehna, the respondents/ the respondents/ the respondents/ 7/12.11.1984 landowners was requisitioned vide notification dated 7/12.11.1984 landowners was requisitioned vide notification dated landowners was requisitioned vide notification dated and under the Defence of India Act, 1971, for short ‘the 1971 Act, and under the Defence of India Act, 1971, for short ‘the 1971 Act, under the Defence of India Act, 1971, for short ‘the 1971 Act, award was announced by the Special Land Acquisition Collector. award was announced by the Special Land Acquisition Collector. award was announced by the Special Land Acquisition Collector. SANJAY GUPTA 2025.07.15 18:57 I attest to the accuracy and integrity of this document FAO-1527 1527-1992 (O&M) [2] 3. ieved, the respondent/ landowners agitated the Being aggrieved, the respondent/ landowners agitated the ieved, the respondent/ landowners agitated the cum- issue and thus the matter was referred to the Arbitrator-cum issue and thus the matter was referred to the Arbitrator issue and thus the matter was referred to the Arbitrator Additional District Judge, Bathinda. Vide impugned award dated Additional District Judge, Bathinda. Vide impugned award dated Additional District Judge, Bathinda. Vide impugned award dated Additional District Judge, Bathinda. Vide impugned award dated enhanced 16/26.11.1991, the market value of the acquired land was enhanced 16/26.11.1991, the market value of the 16/26.11.1991, the market value of the 30% solatium and also the interest as detailed in along with grant of 30% solatium and also the interest as detailed in 30% solatium and also the interest as detailed in along with the preceding paragraph. the preceding paragraph. 4. Further aggrieved, the landowner FAO No.1009- the landowners filed FAO No.1009 1992, titled as Sadhu Singh and ors. 1992, titled as which and ors. Vs. Union of India, which came to be decided on 29.10.1992. came to be decided on 29 assailed The said decision was assailed by the respondent/landowner as well as appellant Union of India by the respondent/landowner as well as appellant Union of India by the respondent/landowner as well as appellant Union of India by the respondent/landowner as well as appellant Union of India were before the Hon’ble Apex Court and both the said appeals were before the Hon’ble Apex Court and both the said appeal before the Hon’ble Apex Court and both the said appeal decided by the Hon’ble Apex Court vide order dated 02.03.1995 and decided by the Hon’ble Apex Court vide order dated 02.03.1995 and decided by the Hon’ble Apex Court vide order dated 02.03.1995 and decided by the Hon’ble Apex Court vide order dated 02.03.1995 and for convenience, the same is extracted hereunder:- for convenience, the same is extracted hereunder: for convenience, the same is extracted hereunder: the appeals of the Union of India as well as “All the appeals of the Union of India as well as the appeals of the Union of India as well as
Decision
of the claimants are disposed of by a common order. of the claimants are disposed of by a common order. In view of the judgment of this Court in Union In view of the judgment of this Court in Union , (1993) Supp. 2 of India Vs. Hari Kishan Khosla, (1993) Supp. 2 of India Vs. Hari Kishan Khosla SCC 149, the appeals of the Union of India are SCC 149, the appeals of the Union of India are SCC 149, the appeals of the Union of India are ds and decrees of the High Court allowed. The awards and decrees of the High Court ds and decrees of the High Court to the extent of granting benefits of enhanced to the extent of granting benefits of enhanced to the extent of granting benefits of enhanced solatium and interest and the award of the Arbitrator solatium and interest and the award of the Arbitrator solatium and interest and the award of the Arbitrator granting solatium and interest, are set aside. The granting solatium and interest, are set aside. The granting solatium and interest, are set aside. The claimants are entitled to the payment of principal claimants are entitled to the payment of principal claimants are entitled to the payment of principal on determined by the High amount of compensation determined by the High amount of compensati Court and the Arbitrator. The Union of India is Court and the Arbitrator. The Union of India is Court and the Arbitrator. The Union of India is directed to make the payment within six months from directed to make the payment within six months from directed to make the payment within six months from the date of the receipt of this order. No costs.” the date of the receipt of this order. No costs.” SANJAY GUPTA 2025.07.15 18:57 I attest to the accuracy and integrity of this document FAO-1527 1527-1992 (O&M) [3] the present appeal filed at the instance of Somehow, the present appeal filed at the instance of the present appeal filed at the instance of a against the decision dated 16/26.11.1991 appellant Union of India against the decision dated 16/26.11.1991 a against the decision dated 16/26.11.1991 appellant Union of Indi Additional District Judge, Bathinda passed by Learned Arbitrator-cum-Additional District Judge, Bathinda Additional District Judge, Bathinda passed by Learned Arbitrator remained pending consideration. remained pending consideration. 5. I have heard learned counsel for the appellant, however, I have heard learned counsel for the appellant, however, I have heard learned counsel for the appellant, however, ndents despite all no one has chosen to appear on behalf of the respondents despite all no one has chosen to appear on behalf of the respo no one has chosen to appear on behalf of the respo sincere efforts made by the Registry of this Court to inform them. sincere efforts made by the Registry of this Court to inform them. sincere efforts made by the Registry of this Court to inform them. 6. Although, the Hon’ble Apex Court in the case of Dilawar Although, the Hon’ble Apex Court in the case of Dilawar (2010) Singh and ors. Etc. Vs. Union of India and ors., reported as (2010) Singh and ors. Etc. Vs. Union of India and ors. Singh and ors. Etc. Vs. Union of India and ors. had upheld the grant of 30% solatium along with interest 14 SCC 357 had upheld the grant of 30% solatium along with interest had upheld the grant of 30% solatium along with interest 14 SCC 357 and thereafter @ 15% per annum @ 9% per annum for the first year and thereafter @ 15% per annum and thereafter @ 15% per annum @ 9% per annum for the first year similarly placed till the date of payment of compensation in favour of similarly placed till the date of payment of compensation in favour of till the date of payment of compensation in favour of landowners, yet the appeals filed at the instance of landowner present , yet the appeals filed at the instance of present spondents/ landowners as well as Union of India were disposed of respondents/ landowners as well as Union of India were disposed of spondents/ landowners as well as Union of India were disposed of spondents/ landowners as well as Union of India were disposed of thereby by the Hon’ble Apex Court vide decision dated 02.03.1995 thereby by the Hon’ble Apex Court vide decision dated 02.03.1995 by the Hon’ble Apex Court vide decision dated 02.03.1995 , the present appeal is refusing to award solatium and interest. Thus, the present appeal is refusing to award solatium and interest refusing to award solatium and interest also disposed of in terms of Sadhu Singh’s also disposed of in Sadhu Singh’s case (supra). 7. y, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s), if an stand disposed of. stand disposed of .2025 15.07.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether reportable ? Yes/No Yes/No SANJAY GUPTA 2025.07.15 18:57 I attest to the accuracy and integrity of this document