' This petition was fixed for Katcha Peshi. By consent it is admitted to regular hearing and is being disposed of as short point is involved in the petition.
2. Through this petition, the petitioner claims that they received the amount of compensation from the respondents, but such compensation did not include the amount of solutiums under sections 28A and 34 of the Land Acquisition Act. This fact has not been disputed by the learned Additional Advocate-General that the award does not include the amount of solutiums. He, however, submits that this petition is hit by laches as the last payment was made on 23-11-1998 and the petitioner slept over his right and did not claim solutiums, therefore, he was not entitled to the grant of solutiums. He further submits that even otherwise the petitioner has not preferred any reference and on that score alone the petition was not maintainable.
3. Admittedly, the award does not include the solutiums under sections 28A and 34 of the Land Acquisition Act. The law requires the Collector to deposit the amount of compensation in Court, which has not been .Done. As long as the amount is unpaid, by the acquiring agency to the party required to be compensated, the question of limitation or laches will not come in their way.
4. We are also fortified by the judgment dated 12-5-2004 of this Court passed in Constitutional Petition No.D-109 of 2004, wherein this Court has taken identical view on the same facts. We, therefore, allow this petition and direct the Collector to calculate the solutiums under sections 28A and 34 of the Land Acquisition Act from the date of Notification under section 4 till the last payment was made. The solutiums amount shall be calculated by the Collector within one month from today and payment shall be made to the petitioner within ten weeks thereafter by the acquiring agency through Collector or otherwise. accordingly.