Hence, this appeal.
Being aggrieved, the appellants made an application for reference under Section 18 of the Act, and the Reference Court vide award dated Ist June, 2001 assessed the market value of the land Rs.16,750/ per bigha and awarded the solatium as provided under the Act.
Compensation was awarded under Section 11 of the Act on 17th September, 1986 assessing the market value of the land Rs.4350 per bigha.
In respect of the said land, Declaration under Section 6 of the Act was made on 16th January, 1969.
The appellants filed an application on 6th May, 2004 for claiming the balance amount including the interest on solatium.
The appellants filed the execution petition on 3rd September, 2001.
So far as this case is companycerned, the respondents made the payment as per the award of the Reference Court dated Ist June, 2001 on 15th April, 2004 partly.
The Execution Court rejected the said application vide order dated 22nd November, 2006 which was challenged unsuccessfully before the High Court by the appellants as the High Court rejected their claim for the said relief vide impugned judgment and order dated 10th September, 2008.
It was during the pendency of the execution proceedings, this Court decided the matter in Sunder v. Union of India, 2001 7 SCC 211 on 19th September, 2001 explaining that persons interested like the appellants are also entitled for interest on amount of solatium.
However, interest was number awarded on the amount of solatium and it restricted only to the enhanced amount of companypensation.
Leave granted.
