LexDEFENCE ESTATE OFFICER versus SYED ABDUL SALEEM AND OTHERS
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[2015) 1 S.C.R. 964
DEFENCE ESTATE OFFICER
v.
SYED ABDUL SALEEM AND OTHERS
{Civil Appeal No. 3137 of 2010)
FEBRUARY 02, 2015.
[VIKRAMAJIT SEN AND SHIVA KIRTI SINGH, JJ.]
Requisitioning and Acquisition of Immovable Property
Act, 1952 - Acquisition of land under - Payment of solatium
C and interest alongwith principal amount of compensation -
Propriety of - Held: Even though the requisition statute does
not provide for payment of solatium and interest, the same
can be granted on equitable grounds in cases of extensive
protraction - In the present case, there is dilation of 19 years
D on the part of the appellant - Hence, award of solatium and
interest justified - Appellant also directed to pay costs to the
respondents "'"'.' Equity.
Dismissing the appeal, the Court
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HELD: 1. "Equity is a mitigant to the harshness of
common law" is a well-known Common Law maxim.
Several Benches of this Court have consistently applied
mutatis mutandis the equity resting in this maxim to
mitigate the harshness of this requisition statute, thereby
F providing for payment of interest and solatium to affected/
dispossessed parties in cases of extensive protraction,
where the statute ex facie provides for neither of these
ameliorators. In the present case, dilation by the Appellant
of 19 years in reappointment of the statutory Arbitrator,
G command and not merely commend the application of
the precedent. Therefore, the award of solatium and
interest along with the principal compensation amount is
confirmed. The Appellant shall pay costs to the
Respondents. [Paras 6 and 7) [969-A·D]
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964
DEFENCE ESTATE OFFICER v. SYED ABDUL
965
SALEEM
Union of India v. Chajju Ram (2003) 5 SCC 568: 2003
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(3) SCR 647 - followed.
Union of India v. Hari Krishan Khos/a (1993) Supp. 2
SCC 149: 1992 (1) Suppl. SCR 620; Union of India v. Parma/
Singh (2009) 1 SCC 618: 2008 (16) SCR 674; Di/awar Singh
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v. Union of India (2010) 14 SCC 357: 2010 (12) SCR 1059-
relied on.
Case Law Reference:
1992 (1) Suppl. SCR 620 Relied on
Para 6
2008 (16) SCR 674
Relied on
Para 6
2010 (12) SCR 1059
Relied on
Para 6
2003 (3) SCR 647
Followed
Para 6
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
3137 of 2010.
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From the Judgment and Order dated 13.03.2007 of the
High Court of Judicature, Andhra Pradesh at Hyderabad in
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CMA No. 1986 of 2003.
K. Radhakrishnan, B. Krishna Prasad, Rekha Pandey for
the Appellant.
V. Sudeer, Balaji Srinivasan for the Respondents.
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The Judgment of the Court was delivered by
VIKRAMAJIT SEN, J.1. The Appellant has by the pulpit
of this Civil Appeal assailed the Judgment and final Order
dated 13.3.2007 passed by the Hon'ble High Court of G
Judicature, Andhra Pradesh (Hyderabad) in CMA No. 1986 of
2003, rendered in the matter of Syed Abdul Saleem v. The
Government of Andhra Pradesh, wherein the appeal preferred
by the Respondents herein was allowed by the High Court,
which enhanced the rate of compensation from Rs.6/- per sq.
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966
SUPREME COURT REPORTS
[2015) 1 S.C.R.
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yard awarded by the Learned Arbitrator, to Rs.12/- per sq. yard
along with the award of 30% solatium and interest at 9% from
the date of possession, i.e., 28.07.1970. The subject lands,
situated at Village lbrahimbagh District, Hyderabad, were
acquired for setting up of an Artillery Centre at Golconda. The
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Ministry of Defence, Government of India, accorded its sanction
dated 1.12.1969 for the acquisition of land admeasuring
1181. 70 acres, at an estimated total cost approximating
Rs.35,45, 100/-. The lands of the Respondents, admeasuring
2 acres 28 guntas in Revenue Sy. No. 94, and 1 acre 27 guntas
c in Revenue Sy.No. 95, totaling 4 acres and 15 guntas, were
acquired under the provisions of the Requisitioning and
Acquisition of Immovable Property Act, 1952 by the Central
Government. The Form 'J' Notification was published on
22.07.1971. The Competent Authority, viz., the Collector,
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Hyderabad, offered Rs.39,930/- as compensation in respect of
4 acres 15 guntas, by fixing the rate at Rs.2/- per sq. yard.
Further, the Collector also granted interest at 4% p.a. from the
date of publication of 'J' Notice to the date of payment; an
amount of Rs.45,295.90 was deposited by SOC, LA (Defence)
in the Court, vide letter dated 03.02.1975.
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2. Dissatisfied with the said compensation, the
Respondents thereafter requested for the appointment of a
Statutory Arbitrator. The Government aExcerpt shown. Read the full judgment & AI analysis in Lexace.