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2025 DAILYLAW 32201 (ALL)

UNION OF INDIA AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/10088/2025 · 2025-04-07

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50250-DB Court No. - 21 Case :- WRIT - C No. - 10088 of 2025 Petitioner :- Union Of India And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Narayan Rai Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for quashing of the order dated 27.07.2024 passed by Presiding Officer, Land Acquisition Rehabilitation and Resettlement Authority, Gautam Budh Nagar in Execution Case No. 103 of 2024. 2. By the said order, the Authority has directed the petitioners to deposit Rs.12,44,117.62 as interest on additional amount and solatium payable under Section 23(1-A) and (2) as the same was not deposited at the time of depositing the amounts payable under the aforesaid heads on 10.01.2017. 3. Indisputably, the payment of the additional compensation and solatium became due in terms of the order of reference court dated 20.04.2002 upheld with the dismissal of First Appeal No. 593 of 2005 filed by the petitioners. It has been observed that solatium and additional amount have been held to be part of compensation by the Supreme Court in Patel Joitaram Kalidas & others vs. Special Land Acquisition Officer and another, (2007) 2 SCC 341 and Mehrawal Khewaji Trust (Regd.), Faridkot and others vs. State of Punjab and others, AIR 2012 SC 2721. 4. Learned counsel for the petitioners does not dispute the legal position that additional amount and solatium have been held to be part of compensation by the Supreme Court and therefore, interest on the aforesaid amount would also be payable which was not deposited at the time of making deposit on 10.01.2017. In view of the same, we find no illegality in the impugned order. 5. The petition lacks merit and is dismissed. Order Date :- 8.4.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad