Full Judgment Text
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PETITIONER:
SESHAN & ORS.
Vs.
RESPONDENT:
THE SPECIAL TEHSILDAR & LANDACQUISITION OFFICER, SPICOT,PUDU
DATE OF JUDGMENT: 30/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
AHMAD SAGHIR S. (J)
G.B. PATTANAIK (J)
CITATION:
JT 1996 (2) 166 1996 SCALE (2)SP44
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard the learned counsel on both sides.
Notificaticn under Section 4[l] of the Land Acquisition
Act, 1894 was published on 17th October, 1981. The
possession of the land was taken in January 1982. The Land
Acquisition Officer in his award dated July 31, 1982
determined compensation @ Rs.2,000/- per acre. On reference,
the civil Court by award and decree dated November 7, 1983
enhanced the compensation to Rs.4,000/- per acre. On appeal,
the High Court by Judgment and decree dated August, 9, 1989
enhanced the compensation to Rs.6,000/- per acre and awarded
interest under the unamended Act as per the State amendment
Thus this appeal by special leave.
In view of the fact that the Land Acquisition officer
has made the award on July 31, 1982, i.e., after the
introduction of the Amendment Act 68 of 1984 on the floor of
the Parliament, the claimants are entitled to interest under
Section 34 @ 9% per annum from the date of taking possession
till date of the award. They are entitled to interest @ 15%
on enhanced compensation after the expiry of one year.
Equally so on the enhanced compensation from the respective
dates till the date of deposit in the Court. Equally,
solatium @ 30% under Section 23 [2] is required to be
deposited on the additional amount.
The appeal is accordingly allowed to the above extent.
No costs.