Holding

The Defence of India Act, 1971 is a self‑contained statute with a distinct compensation scheme, and its provisions do not incorporate the solatium and interest provisions of the Land Acquisition Act, thus it is not unconstitutional under Article 14.

Summary

The respondents' lands were requisitioned in 1971 under the Defence of India Act, 1971 for a military cantonment and later compulsorily acquired. Dissatisfied with the compensation, they sought reference to an arbitrator under Section 31, which was not done, and filed a writ petition challenging the Act’s validity for lacking provisions of solatium and interest, claiming a violation of Article 14. The Supreme Court examined whether the solatium and interest provisions of the Land Acquisition Act, including Section 28A, could be read into the Defence of India Act and whether the Act was unconstitutional for omitting them. The Court held that the Defence of India Act is a self‑contained code with a distinct compensation scheme; therefore, the solatium and interest provisions of the Land Acquisition Act do not apply and the Act is not violative of Article 14. The Court also directed that the small amounts of solatium and interest already paid need not be recovered, noting that such direction is not precedent. The appeals were allowed, setting aside the High Court’s decision.

Issues considered

Whether the provisions of solatium and interest under the Land Acquisition Act (including Section 28A) are to be read into the Defence of India Act, 1971.
Whether the Defence of India Act, 1971 is ultra vires Article 14 of the Constitution for not providing solatium and interest.
Whether the solatium and interest already paid to the respondents should be recovered.

Legislation cited

Land Acquisition Acts. 2, s. 23, s. 28, s. 4

Subjects

Defence of India ActLand Acquisition ActsolatiuminterestcompensationArticle 14constitutional validityclassificationself‑contained codearbitrationmilitary cantonment

Judgment

UNION OF INDIA A
v.
CHAJJU RAM (DEAD) BY LRS. AND ORS.

APRIL 16, 2003

[V.N. KHARE, CJI., R.C. LAHOTI, B.N. AGRAWAL, S.B. SINHA AND B
DR. AR. LAKSHMANAN, JJ.]

Defence of India Act, 1971:

Land acquisition-Compensation-Provisions under the Land Acquisition C
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 ofIndia Act is a self contained code which lays down the
procedure and machinery for determining compensation in respect of land D
requisitioned, provisions in the Land Acquisition Act would not ipso facto
read into the Defence ofIndia Act-Provisions under the two Acts are absolutely
... distinct and different-In the D.l. Act compensation to be payable in lieu of
keeping the owner out of possession during the period of requisitioning of
land-Compensation under the Land Acquisition Act determining value of
lands from the date of issuance. of Acquisition Notification since processing E
takes long time thereby provisions of solatium and interest inserted-Thus
classification under the two Acts based on intelligible differentia has rational
.. nexus to the objects of the Acts~Hence classification reasonable and valid--
Certain provisions of law available in one Act not necessarily be available in
the other Act-Hence DI Act not ultra vires Article 14 of the Constitution of F
India-Constitution of India-Article 14-lnterpretation of Statutes-Land
Acquisition Act, 1894.

- Recovery of solatium and interest-Held: Since the amount is small and
was paid long back, the same need not be recovered-Directions not to be
treated as precedent. G
Words and Phrases:

'solatium '-Meaning and scope of in the context of Land Acquisition
Acts.
647 H
648 SUPREME COURT REPORTS [2003] 3 S.C.R.

A Certain lands of the respondent were requisitioned for establishing
a military cantonment under the provisions of Defence of India Act in the
year 1971. The proceedings for compulsory acquisition of such lands were
initiated in the year 1975 and compensation determined. Dissatisfied with
the amount of compensation, respondent appealed to the competent
B authority for a Reference to arbitrator. Since the authority did not refer
the matter to arbitrator, respondent filed a writ petition challenging the
validity of the Defence of India Act on the ground that absence of the
provisions for grant of solatium and interest therein renders the Act
unconstitutional. The Writ Petition was allowed by the High Court. Hence
the present appeal and the connected appeals .
•
c
In these appeals, the questions which arose for consideration before
the Constitution Bench were: whether the provisions of solatium and
interest are to be read into other Acquisitioning Acts; whether the
provisions of Section 28-A of the Land Acquisition Act are to be read into
the Defence of India Act and whether the Act would l.ie declared ultra vi res
D Article 14 of the Constitution of India for having no provisions for solatium
and interest. The Constitution Bench referred first two questions to 3-Judge
Bench. The said Bench observed that the provisions with regard to solatium
..
and interest in Land Acquisition Act are to be read into the provisions of
other Acquisition Acts (Nagpur Improvement Trust etc. v. Vasantrao and Ors.
E etc.) but not the provision of Section 28-A of the Land Acquisition Act
(Dayal Singh and Ors. v. Union of India and Ors.) The question regarding
the constitutional validity of the Defence of India Act on the premise that
absence of provisions relating to payment of solatium and interest thereon
for acquisition of land, would violate Article 14 of the Constitution of India
came before the Constitution Bench.
F
It was contended for the appellants that since schemes for acquisition
as in the Defence of India Act and the Land Acquisition Act are distinct
•
and different, the provisions of solatium and interest need not be available
in the Defence of India Act. -
G On behalf of the respondents, it was submitted that since owner of
the land was not concerned as regards the purpose of acquisition under
the Land Acquisition Act and the Defence of India Act, the classification
under these Acts cannot be said to be rational in the matter of payment ,?f
compensation in lieu of acquisition; and that non-payment of solatium and
H interest is vivlative of Article 14 of the Constitution of India.
U.0.1. v. CHAJJU RAM (DEAD) BY LRS. 649
Allowing the appeals, the Court A
HELD: I. I. Defence of India Act (DI Act) lays down the procedure
as well as machinery for determining the amount of compensation. The
provisions of the two Acts viz. DI Act and Land Acquisition Act do not
also provide for the same scheme for acquisition. The provisions for
payment of compensation under the Land Acquisition Act would not ipso B
facto apply to the acquisition made under the DI Act. The purposes for
which the provisions of DI Act can be invoked are absolutely different and
distinct from which the provision of Land Acquisition Act can be invoked
for acquisition of land. In terms of the provisions of the DI Act, the
requisition of the land was made. During the period of requisition the owner C
of the land is to be compensated therefor. It is well-settled that a decision
is an authority for what it decides and not what can logically be deduced
therefrom. It is equally well-settled that a little difference in facts or
-'.f
additional facts may lead to a different conclusion. 1655-E, F; 658-D, F, GI

Union ofIndia v. Hari Krishan Khosla (Dead) by L.Rs. , IJ 9931 Supp. 2 D

- SCC 149 and Union of India and Ors. v. Dhanwanti Devi and Ors., 1199616
sec 44, relied on.

*Nagpur Improvement Trust etc. v. Vasantrao and Ors., etc. [20021 7
sec 657, distinguished. E

Nagpur Improvement Trust and Anr. v. Vithal Rao and Ors., 119731 I
sec 500, referred to.
1.2. In terms of the provisions of the Defence oflndia Act acquisition
of the property would be in relation to the property which has been under F
requisition during which the owner of the land would remain out of
possession. The Government during the period of requisition would be in
possession and full enjoyment of the property. It is beyond any cavil that
the price of the land which a willing and informed buyer would offer would
be different in the cases where the owner is in possession and enjoyment
of the property and in the cases where he is not. The formulation of the G
criteria for payment of compensation in terms of Section 31 of the DI Act
was clearly made having regard to the said factor, which cannot be said to
be arbitrary or unreasonable. The Parliament while making the provisions
for payment of compensation must have also taken into consideration the
fact that the owner of the property would have received compensation for H
650 SUPREME COURT REPORTS (2003) 3 S.C.R.

A remaining out of possession for the period when the property was under
acquisition. 1659-A-DI

1.3. The provision for grant of solatium was inserted in the Land
Acquisition Act by the Parliament having regard to the fact that the amount
of compensation awarded to the owner of the land is to be determined on
B the basis of the value thereof as on the date of issuance of the notification
under Section 4 of the Act. Since the process takes a long time, and taking
into consideration the deficiencies in the Act, the Land Acquisition Act was
further amended in the year 1984. In terms of sub -section (2) of Section
23 of the Land Acquisition Act, solatium is payable in addition to the
C amount of market value of the land. Such classification sought to be made
for determination of the amount of compensation for acquisition of the land
under the Defence of India Act vis-a-vis the Land Acquisition Act is a
reasonable and valid one. The classification is founded on intelligible
differentia and has a rational relation with the object sought to be achieved
by the legislation in question. 1659-D-G I

-
D
Dayal Singh and Ors. v. Union of India and Ors., (20031 2 SCC 593
and Haji Mohammad Ekramul Haq v. The State of West Bengal, (1959) AIR
SC 488, relied on.

E Union of India v. Hari Krishan Khosla (Dead) by L. Rs. , (1993] Supp. 2
SCC 149 and Union of India and Ors. v. Dhanwanti Devi and Ors., (1996) 6
sec 44, referred to.
1.4. In the instant case, the arbitrators have not been appointed
despite the demand made in this behalf by the respondents. The amount
F of solatium at the rate of 15% per annum and the interest thereupon had
been paid in early eighties when the Punjab and Haryana High Court
declared the said Act ultra vires Article 14 of the Constitution of India. In
the peculiar fact-situation obtaining in these cases and inasmuch as the
amounts sought to be recovered are small which were paid to the
G respondents decades back, in the interest of justice, the appellants are
directed not to recover the amount of compensation from the respondents
pursuant to or in furtherance of this judgment. However, this direction shall
not be treated as a precedent. (661-A-CI

H
Union ofIndia v. Hari Krishan Khosla (Dead) by L.Rs., (1993) Supp. 2
sec 149, referred to. -
U.0.1. v. CHAJJU RAM (DEAD) BY LRS. [SINHA, J.] 651
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 967-970 A
of 1990.

From the Judgment and Order dated 13.9.1982 of the Punjab and
Haryana High Court in L.P.A. Nos. 1147, 1186, 1146 and 1217 of 1982.

Soli J. Sorabjee, Attorney General, N.N. Goswami, Hemant Sharma, B
Ms. Indra Sawhney, Ms. Sushma Suri, Mrs. Anil Katiyar and Sridhar P. for
the Appellants.

O.P. Sharma, Raj iv K. Garg, Annam, D.N. Rao, Davender Vemrn, S.C.
Paul, C.A. Basha!, Ms. Kanwaljit Kochar, R.C. Gubrele, K.R. Gupta, Ms.
Nanita Shanna, Vivek Shanna, Abhishek Atrey, Aamer Ahmed Madni, P.N. C
Puri, Ms. Rekha Pandey, Ms. Minakshi Vij, Rajeev Kumar Sharma and B.V.
Bairam Das for the Respondents.

The Judgment of the Court was delivered by

S.B. SINHA, J. The core question, involved in this batch of appeals D
which arise from the judgment and order dated 13.09.1982 passed by the
High Court of Punjab and Haryana, relates to the constitutional validity of
the Defence of India Act, 1971 (The Act) on the premise that absence of any
provision for payment of solatium and interest therein for acquisition of land
is hit by Article 14 of the Constitution of India.
E
The respondents were owners of several tracts of lands situated in or
around the town of Bhatinda in the State of Punjab. For the purpose of
establishing a military cantonment, the said lands were requisitioned by the
District Magistrate, Bhatinda in terms of the provisions of the Act in the year
1971.
F
On or about I 5. 1.1975, proceedings were initiated for compulsory
acquisition of the said lands in tenns of Section 30 of the Act. The competent
authority determined the amount of compensation payable for such acquisition
on 28.7.1975.However, the respondents being dissatisfied with the amount of
compensation offered to them asked the competent authority to refer the G
matter to an arbitrator in tenns of Section 31 of the said Act. Allegedly, such
reference was not made.

Questioning the validity of the Act on the ground that their claim of
interest at the rate of 6% and solatium at the rate of 15% had not been
granted, writ petitions came to be filed. The High Court by reason of the H
652 SUPREME COURT REPORTS (2003] 3 S.C.R.

A impugned judgment held that Section 31 of the Act is ultra vires Article 14
of the Constitution of India, as a result whereof the respondents became
entitled to claim and recover from the Central Government solatium at the
rate of I 5% on the amount of compensation as also the interest thereupon at
the rate of 6% per annum. Several matters came up before this Court wherein
B acquisitions have been made under the provisions of various Improvement
Trust Acts and other Acts. A question arose as to whether the provisions of
the Land Acquisition Act as regards solatium and interest are to be read into
the other Acquisitioning Acts or not. A question also arose in some appeals
as to whether the provisions of Section 28A of the Land Acquisition Act are
to be read into the Act. A further question arose as to whether in the event,
C it be held that the provisions of Land Acquisition Act regarding payment of
solatium and interest cannot be read into the said Act, the same would be
declared ultra vires Article 14 of the Constitution of India.

A Constitution Bench of this Court by an order dated 12.I2.200I while
referring back the matters to 3-Judge Bench as regards the first group and the
D second group of cases thought it expedient to direct that these matters wherein
the question as to whether the said Act violates Article 14 of the Constitution
of India for the reason that it makes no provisions for solatium and interest
should remain before it awaiting decisions on the first and second group of
cases.
E The first group of cases wherein the question as to whether the provisions
regarding solatium and interest contained in the Land Acquisition Act are to
be read into the provisions of various Improvement Acts arose for consideration
has since been answered in the affirmative by a 3-Judge Bench of this Court
in Nagpur Improvement Trust etc. v. Vasantrao and Ors. etc., [2002] 7 SCC
F 657] (Second Nagpur Improvement Trust).

The second group of cases relating to the question as to whether the
provisions of the Land Acquisition Act are to be read into the Defence of
India Act were considered in Dayal Singh and Ors. v. Union of India and
Ors., [2003] 2 SCC 593 wherein this Court held that the provisions of Section
G 28A of the Land Acquisition Act cannot be read into the said Act.
The question as regards the constitutionality of the Act on the touch-
stone of Article 14 of the Constitution of India is required to be considered
by us in the aforementioned backdrop.

H Mr. Soli J. Sorabjee, the learned Attorney General appearing on behalf
U.0.1. v. CHAJJU RAM (DEAD) B\ LRS. [SINHA, J.] 653
of the appellant submitted that the question is squarely covered by two A
dt;.cisions of this Court in Union of India v. Hari Krishan Khos/a (Dead) by
l.Rs. , [1993] Supp. 2 SCC 149 and Union of India and Ors. v. Dhanwanti
Devi and Ors., [ 1996] 6 SCC 44. The learned Attorney General would contend
that the respective schemes for acquisition of the said Act and the Land
Acquisition Act are absolutely distinct and different. Mr. Sorabjee would B
urge that the provision for grant of solatium and interest in the Land
Acquisition Act, 1894 was inserted as great delay used to be caused in payment
of the amount of compensation determined on the basis of valuation of land
from an anterior date, namely the date of publication of notification under
Section 4 thereof.

Mr. O.P. Sharma, learned Senior Counsel appearing on behalf of the
c
respondents, on the other hand, would submit that the classification so far as
acquisition of land under the Land Acquisition Act vis-a-vis the Act cannot
be said to be rational so far as the matter relating to payment of compensation
is concerned, inasmuch as the owner of the land i.s not at all concerned as
regards the purpose of acquisition. He would, therefore, submit that non- D
payment of solatium and interest where acquisition is made under the Act
would clearly be discriminatory and, thus, violative of Article 14 of the
Constitution of India. The learned counsel would contend that even for the
purpose of computing the amount of compensation, when acquisition is made
under the said Act, the criteria therefor would also be as per the provisions E
of the Land Acquisition Act. Strong reliance in this behalf has been placed
by the. learned counsel on Haji Mohammad Ekramu/ Haq v. The State of
West Bengal, AIR (1959) SC 488 and Nagpur Improvement Trust and Anr.,
v. Vithal Rao and Ors., [1973] 1 SCC 500 (First Nagpur Improvement Trust).

Mr. Sharma urged that having regard to the decision of this Court in the F
second Nagpur Improvement Trust case (supra), there is absolutely no reason
as to why the provisions of the Land Acquisition Act for the purpose of
payment of compensation shou Id not be read into the Act.

Mr. Sharma would also submit that the decisions of this Court in Hari
Krishan Khosla (supra) and Dhanwanti Devi (supra) do not lay down the law G
correctly and, thus, are required to be overruled.

Mr. Raj iv Garg and other counsel appearing on behalf of the respondents
in connected appeals, inter alia, would submit that even ifthe constitutionality
of the said Act is upheld by this Court; equity demands that the amounts paid
to the respondents by way of solatium and interest about twenty years back H
654 SUPREME COURT REPORTS (2003) 3 S.C.R.

A should not directed to be refunded.
The said Act was enacted to provide for special measure to ensure the
public safety and interest, the defence of India and civil defence and the trial
of certain offences and for matters connected therewith. Chapter V of the
said Act provides for requisitioning and acquisition of immovable property.
B Section 23 of the Act which begins with a non abstante clause enables the
Central Government or the State Government, as the case may be, to requisition
any immovable property and make such further orders, if in their opinion it
is expedient so to do, inter alia, for securing the defence of India and other
purposes engrafted therein. Section 24 of the said Act entitles the owner of
C the property to receive compensation on requisitioning of the property; the
determination whereof is required to be made upon taking into consideration
the factors enumerated therein. In the event any person interested in the lands
is aggrieved by the amount of compensation so determined, he may make an
application within the prescribed time to the Central Government or the State
Government, as the case may be, for referring the matter to an arbitrator who
D is empowered to determine the same. Section 29 provides for release from
requisition. Section 30 of the said Act provides for acquisition ofrequisitioned
property which reads thus :

"30. Acquisition of requisitioned property. (I) Any immovable
property which has been requisitioned under Section 23 may, in the
E manner hereinafter provided, be acquired in the circumstances and by
the Government specified below, namely :-

(a) where any works have, during the period of requisition, been
constructed on, in or over the property wholly or partly at the expense
of any Government, the property may be acquired by that Government
F if it decides that the value of or the right to use, such works shall, by
means of the acquisition of the property, be preserved or secured for
the purposes of any Government, or

(b) where the cost to any Government of restoring the property to its
condition at the time of its requisition as aforesaid would, in the
G
determination of that Government, be excessive having regard to the
value of the property at that time, the property may be acquired by
that Government.

(2) When any Government as aforesaid decides to acquire any
H immovable property, it shall serve on the owner thereof or where the
U.0.1. v. CHAJJU RAM (DEAD) BY LRS. [SINHA, J.) 655
owner is not readily traceable or the l)Wnership is in dispute, by A
publishing in the Official Gazette, a notice stating that the Government
has decided to acquire it in pursuance of this section.

(3) Where a notice of acquisition is served on the owner of the
property or is published in the Official Gazette, under sub-section (2),
then, at the beginning of the day on which the notice is so served or B
published, the property shall vest in the Government free from any
mortgage, pledge, lien or other similar encumbrances and the period
of requisition thereof shall come to an end.

(4) Any decision or .determination of a Government under sub-section
(I) shall be final, and shall not be called in question in any court. C
(5) For the p1,1rposes of this section, "works" includes every description
of buildings, structures and improvements of the property."

Section 31 provides for compensation for acquisition of requisitioned
property. The compensation payable for the acquisition of any property under D
Section 30 shall be the price which the requisitioned property would have
fetched in the open market if it had remained in the same condition as it was
at the time of requisitioning and been sold on the date. of acquisition.

The said Act is a self-contained code. It lays down the procedure as E
well as machinery for determining the amount of compensation. It is not in
dispute that the provisions for payment of compensation under the Land
Acquisition Act would not ipso facto apply to the acquisition made under the
said Act. The provisions of the two Acts do not also provide for the same
scheme for acquisition.
F
In Hari Krishan Khos/a (supra), a Bench of 3-Judges of this Court
while considering the provisions of the Requisitioning and Acquisition of
Immovable Property Act, 1952 clearly held that the provisions for grant of
solatium and interest under the Land Acquisition Act cannot be read into the
provisions of the said Act. Having regard to the provision of Section 8(3) of
the 1952 Act, this Court opined that the provisions thereof should be aimed G
at for giving. the owner just compensation on the acquisition of his land
whereas under the Land Acquisition Act, lands can be acquired in terms of
the doctrine of Eminent Domain so long there exists an underlying purpose
therefor and in that view of the matter the factors for determination of
compensation thereunder need not be similar. H
656 SUPREME COURT REPORTS (2003) 3 S.C.R.

A Jn Dhanwanti Devi's case (supra), a Bench of this Court agreeing with
Hori Krishnan Khosla (supra), stated the law thus :

"The question, therefore, emerges whether it is necessary for the
State legislature to expressly specify that interest or solatium shall
not be payable for the lands or property acquired under Section 7(1)
B of the Act. Sub silentio is eloquent. It would further be seen that
Section 8 of the Central Act equally does not provide for payment of
solatium and interest. The Act was passed in the year 1968 while the
Central Act was passed in 1952. It would, therefore, be reasonable to
conclude that the State legislature was cognizant of the express
c provisions for payment of interest and solatium available in the
Acquisition Act. The Act omitted similar provisions for payment of
interest and solatium as part or component of compensation, obviously
to fall in line with the Central Act."

In First Nagpur Improvement Trust (supra) the question which arose
D therein was as to whether the State Government being the acquiring authority
for the acquisition of lands, be it under the Improvement Trust Act or the
Kanpur Urban Development Act, or the Land Acquisition Act, any
discrimination can be made as regards fornrnlation of different principles of
compensation and such classification would be violative of Article 14 of the
E Constitution of India. It was held :

"It is equally immaterial whether it is one Acquisition Act or
another Acquisition Act under which the land is acquired. If the
existence of two Acts could enable the State to give one owner different
treatment from another equally situated the owner who is discriminated
p against, can claim the protection of Article 14."

(Emphasis Supplied)

Sikri, C.J., speaking for the Bench, however, observed that the State
can make a reasonable classification for the purpose of legislation. The learned
Chief Justice held that that the classification in order to be reasonable must
G
satisfy two tests : (i) the classification must be founded on intelligible
differentia and (ii) the differentia must have a rational relation with the object
sought to be achieved by the legislation in question. However, he hastened
to add that the object therefor itself must be lawful and cannot be
discriminatory.
H
U.0.1. v. CHAJJU RAM (DEAD) BY LRS. [SINHA, J.) 657

This Court in the second Nagpur lmpruvement Trust (supra) came to A
the conclusion that all the statutes providing for acquisition of land lay down
a common scheme and pattern as the state legislation relate to the town
planning and development and in terms of which the provisions of the Land
Acquisition Act were made applicable with certain modifications, the
provisions relating to solatium and interest contained therein shall be read B
into the State Acts. In the second Nagpur Trust's case (supra), having regard
to the scheme of acquisition sought to be achieved, it was held :

"It may be noticed that in U.P. Avas Evam Vikas Prashad v.
Jainu/ Islam, this Court highlighted the fact that though under the
Land Acquisition Act as amended in its application to the State of C
U.P. there was no provision for grant of solatium, by the U.P. Act
such solatium was provided for. The intention of the legislature was
apparent that it wanted to confer the benefit of solatium by modifying
Section 23(2), which benefit was not available under the provisions
of the Land Acquisition Act as it was applicable in the State of U.P. D
at the time of enactment of the U.P. Act. So far as the Punjab Act and
the Nagpur Act are concerned, the schedules do not modify the
provisions of Section 23(2) of the Land Acquisition Act which provides
for payment of solatium. However, a proviso was added to the effect
that sub-section (2) shall not apply to any land acquired under the
State Acts in question. The added proviso is identical in both the E
State Acts. This clearly implies that where acquisition was made
under the provisions of the Land Acquisition Act, as modified, the
legislature did not intend to deprive the claimants of solatium as
provided under the Land Acquisition Act. But solatium was not payable
in cases of acquisition under the State Acts. There are provisions in F
both the State Acts which pennit the State to acquire lands for the
purposes of the scheme without resorting to the provisions of the
Land Acquisition Act such as acquisition by purchase, lease, exchange,
or otherwise, or acquisitions contemplated under deferred street
scheme, development scheme and expansion scheme. In respect of
such acquisitions solatium is not payable. Such cases are similar to G
the acquisitions under Section 53 of the Bombay Town Planning Act
which was considered by this Court in Prakash Amichand Shah v.
State of Gujarat. In these circumstances with a view to save the law
from the vice of the arbitrai)' and hostile discrimination, the provisions
must be construed to mean, in the absence of anything to the contrary,
that the provisions of the Land Acquisitinn Act as amended b;: the H
658 SUPREME COURT REPORTS [2003) 3 S.C.R.

A 1984 Act relating to determination and payment of compensation
would apply to acquisition of land for the purposes of the State Acts.
It must, therefore, be held that while incorporating the provisions of
the Land Acquisition Act in the State Acts, the intention of the
legislature was that amendments in the Land Acquisition Act relating
to detennination and payment of compensation would be applicable
B to acquisition of lands for the purposes of the State Acts. Consequently,
the claimants are entitled to the benefits conferred by Section 23( I-
A), if applicable, and Sections 23(2) and 28 of the Land Acquisition
Act as amended by the 1984 Act for acquisition of land for the
purposes of the State Acts under Section 59 of both the Nagpur and
c Punjab Acts."
(Emphasis Supplie9)

It is now well-settled that a decision is an authority for what it decides
and not what can logically be deduced therefrom. It is equally well-settled
that a little difference in facts or additional facts may lead to a different
D concJu3ion.

The question, therefore, which arises would be, as to whether the owners
of the lands sought to be acquired under the Act vis-a-vis Land Acquisition
Act are similarly situated?

E Here it is not a case where existence of the Acquisition Act enables the
State to give one owner different treatment from another equally situated
owner on which ground Article 14 was sought to be invoked 111 the first
Nagpur Improvement Trust's case (supra). The purposes for which the
provisions of the said Act can be invoked are absulutely different and distinct
F from which the provision of Land Acquisition Act can be invoked for
acquisition of land. In terms of the provisions of the said Act, the requisition
of the land was made. During the period of requisition the owner of the land
is to be compensated therefor. Section 30 of the said Act, as referred to
hereinbefore, clearly postulates the circumstances which would be attracted
for acquisitioning of the requisitioned land.
G
The purposes for which the requisitioning and consequent acquisition
of land under the said Act can be made, are limited. Such acquisitions, inter
alia, can be made only when works have been constructed during the period
of requisition or where the costs to any Government of restoring the property
to its condition at the time of its requisition would be excessive having regard ..
H to the value of the property at the relevant time.
U.O.l. v. CHAJJU RAM (DEAD) BY LRS. [SINHA, J.) 659

One of the principles for determination of the amount of compensation A
for acquisition of land would be the willingness of an informed buyer to offer
the price therefor. In terms of the provisions of the said Act acquisition of
the property would be in relation to the property which has been under
requisition during which period the owner of the land would remain· out of
possession. The Government during the period of requisition would be in B
possession and full enjoyment of the property.

It is beyond any cavil that the price of the land which a willing and
informed buyer would offer would be different in the cases where the owner
is in possession and enjoyment of the property· and in the cases where he is
not. The formulation of the criteria for payment of compensation in terms of C
Section 31 of the Act was clearly made having regard to the said factor,
which cannot be said to be arbitrary or unreasonable. The Parliament while
making the provisions for payment of compensation must have also taken
into consideration the fact that the owner of the property would have received
compensation for remaining out of possession during the period when the
property was under acquisition. D
The learned Attorney General appears to be correct in his submission
that the provision for grant of solatium was inserted in the Land Acquisition
Act by the Parliament having regard to the fact that the amount of
compensation awarded to the owner of the land is to be determined on the
basis of the value thereof as on the date of issuance of the notification under E
Section 4 of the Act. It has been noticed that the process takes a long time.
Taking into consideration the deficiencies in the Act, the Land Acquisition
Act was further amended in the year 1984. In terms of sub-section (2) of
Section 23 of the Land Acquisition Act, therefore, solatium is paid in addition
to the amount of market value of the land. p
We are, ther~fore, of the opinion that the classification sought to be
made for determination of the amount of compensation for acquisition of the
land under the said Act vis-a-vis the Land Acquisition Act is a reasonable
and valid one.The said classification is founded on intelligible differentia and
has a rational relation with the object sought to be achieved by the legislation G
in question.

It may be true that in /-laji Mohammad Ekramul Haq 's case (supra),
this Court observed while considering the provisions of the Defence of India
Act, 1939, that the principles on which the compensation was to be ascertained
under Section 19 of the Defence of India Act were the same as those provided H
660 SUPREME COURT REPORTS (2003] 3 S.C.R.

A in Section 23( 1) of the Land Acquisition Act. Even the principles of
ascertaining the amount of compensation, as it then stood, did not provide for
any payment of solatium. The said decision, however, having regard to the
provisions contained in Section 31 of the Act which lays down the criteria
for determination of the amount of compensation cannot be said to have any
B application whatsoever in the instant case.

Jn Dayal Singh 's case (supra) this court held :
'l
"The right to get the amount of compensation re-determined must
expressly be provided by the statute. Such a right being a substantive
one cannot be sought to be found out by implication nor can the same
c be read therewith.
The appellants, thus, cannot invoke a right by reading the same
into a statute although admi::edly there exists none."
We do not agree with the submission of Mr. Sharma that Hari Krishan
D Khosla (supra) and Dhanwanti Devi (supra) have wrongly been decided.

We are, therefore, of the opinion that the impugned judgments cannot
be sustained and are, therefore, liable to be set aside.
The question, however, which remains for consideration is as to whether
the amount of solatium and interest which the appellant has paid to the
E respondents should be directed to be refunded. We think not. Even in Hari
Krishan Khosla (supra) this Court noticed :
"This is the case in which for 16 years no arbitrator was appointed.
We think it is just and proper to apply the principle laid down in
Harbans Singh Shanni Devi v. Union of India, [C.A. Nos. 470 and
F 471 of 1985 disposed of by this Court on February 11, 1985]. The
Court 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
G 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. We are
making this order having regard to the fact that the law has in the
meanwhile been amended with a view to providing solatium at the
H rate of 30 per cent and interest at the rate of 9 per cent per annum."
U.0.1. v. CHAJ.IU RAM (DEAD) BY LRS. [SINHA, J.] 661

In these cases also, it is said that the arbitrators have not yet been A
appointed despite the demand made in this behalf by the respondents. The
amount of solatium at the rate of 15% per annum and the interest thereupon
had been paid in early eighties when the Punjab and Haryana High Court
declared the said Act ultra vires Article 14 of the Constitution of India.

In the peculiar fact situation obtaining in these cases and inasmuch as B
the amounts sought to be recovered are small which were paid to the
respondents decades back, we are of the opinion that interest of justice shall
be met ifthe appellants are directed not to recover the amount of compensation
from the respondents pursuant to or in furtherance of this judgment. However,
we hasten to add that this direction shall be not treated as a precedent. C
These appeals are allowed with the aforementioned observations and
directions. No costs.

S.K.S. Appeals allowed.