Supreme Court of India
Union of India v. Chajju Ram (dead) by Lrs. and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
Held as under :- Having regard to the peculiar facts and circumstances of the present case and particularly in view of the fact that the appointment of the arbitrator was not made by the Union of India for a period of 16 years, we think this is a fit case in which solatium at the rate of 30 per cent of the amount of compensation and interest at the rate of 9 per cent per annum should be awarded to the appellants.
Judgment, page 14
From the headnote
Defence of India Act, 1971: Land acquisition-Compensation-Provisions under the Land Acquisition Act vis-a-vis Defence of India Act-Applicability of-Provision of Solatium and interest thereon available in Land Acquisition Act-Absence of such .. provisions in the Defence of India Act-Whether violative of Article 14- Held: Since Defence of India Act is a self contained code which lays down the procedure and machinery for determining compensation in respect of land requisitioned, provisions in the Land Acquisition Act would not ipso facto read into the Defence of India Act-Provisions under the
Authorities it was built on
Where later benches applied it
- 2015 Defence Estate Officer v. Syed Abdul Saleem and Others
- 2024 Union of India & Anr. v. Dr. Asket Singh & Ors.
- 2019 Union of India & Anr. v. Tarsem Singh & Ors.
Of those, 1 followed · 1 distinguished · 1 referred to
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