JUDGMENT 1. - Both these writ petitions are being disposed by this common order as they relate to payment of the award money along with solatium and further interest in pursuance of the award dated 24th March, 1987 given in favour of the petitioners. 2. During the pendency of the writ petitions cheques have been given to both the petitioners for the amount to which they were entitled according to the Land Acquisition Officer. However, this position was not accepted by the learned counsel for the petitioners. His submission is that no interim amount has been calculated in terms of the market value nor amount of solatium and interest as required by law has been paid in both the cases. On 12.9.90 this Court had granted further time to the learned counsel for the State to explain the position as to why the petitioners were not being paid the amount of solatium and interest. No reply has been filed till today and I am not inclined to give any further time more particularly because the matter is fully concluded by a Division Bench of this Court in Smt. Nandini Poddar Vs. State of Rajasthan & others, wherein he had been paid solatium and interest as contemplated by law and it may be observed here that her case also arises out of the same award dated 24th March, 1987 in which the petitioners are demanding the solatium and the interest. Hon'ble M.B. Sharma and Hon'ble I.S. Israni JJ in the aforesaid writ petition have held that the petitioner is entitled to interest in the terms of Section 23 (1-A) and solatium under Section 23 (2) and further interest under Section 34 of the Central Act and in accordance with the provisions of Land Revenue (sic Acquisition Amendment) Act 1984 (hereinafter referred to as the 'Act'). In view of the aforesaid I have no hesitation in accepting both these writ petitions. 3. In view of the aforesaid discussion I allow these two writ petitions and direct the non-petitioners to calculate and pay the interest as required under Section 23(IA) and solatium under Section 23(2) of the Act and further interest as required by Section 34 of the Central Act.
3. In view of the aforesaid discussion I allow these two writ petitions and direct the non-petitioners to calculate and pay the interest as required under Section 23(IA) and solatium under Section 23(2) of the Act and further interest as required by Section 34 of the Central Act. It is made clear that the interest and solatium shall be calculated on the market value as defined under the law and the aforesaid amount due shall be paid as soon as possible but not later than six months of this order is communicated. It will be responsibility of the petitioners to communicate this order to the Land Acquisition Officer. There shall be no order as to costs. 4. It may be observed here that the petitioners prior to deposit the cheque in this Court had moved an application that the payment with interest may be permitted to accept under protest and without prejudice to their reference under Section 18 of the Act which is pending before the Civil Judge Sikar. In view of the fact that the application has been given much prior to accept this writ petition the petitioners are allowed to accept the amount under protest.Petition allowed. *******