Full Judgment Text
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PETITIONER:
M/S, HINDUSTAN PAPER CORPN. LTD.
Vs.
RESPONDENT:
SAKHRAM GOUR & ORS.
DATE OF JUDGMENT25/07/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
PARIPOORNAN, K.S.(J)
CITATION:
1995 SCC (5) 282 JT 1995 (6) 2
1995 SCALE (4)664
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NOS. 5167 TO 5248 OF 1992
O R D E R
Notification under s.4(1) of the Land Acquisition Act 1
of 1898 (for short ‘the Act’) was published on July 3, 1979.
The Land Acquisition Collector classified the land and
awarded the compensation @ Rs.2,000/- to 3,000/- per bigha
to the respective lands. On reference under s.18, the
reference court enhanced the market value to Rs.8,500/- to
Rs.6,500/- per bigha while maintaining classification of the
land. In First Appeal No.81/86 and other connected cases by
Judgment and decree dated January 30, 1989, Guwahati High
Court affirmed the award and decree of the reference court.
Thus these appeals by special leave.
We have gone through the judgment of the Reference
Court vis-a-vis the judgment of the High Court. We found, on
the facts and circumstances of the case, that appropriate
market value would be Rs.4,875/- and Rs.6,375/- instead of
Rs.6,500/- and 8,500/- respectively for the lands as it
would reflect the prevailing market value as on the date of
the Notification, namely, July 3, 1979. Accordingly, the
market value is determined at Rs.4,875/- and Rs.6,375/- per
bigha as per the classification, nature and quality of the
lands. Award of the reference court being made after the
Amendment Act had come into force, the claimants are
entitled to the statutory benefits of the Amendment Act 68
of 1984. Accordingly, the claimants are entitled to 30%
solatium on the enhanced compensation, 9% interest for one
year and 15% interest thereafter from the date of taking
possession on the enhanced compensation till date of deposit
or payment, whichever is earlier. They are also entitled to
12% of the additional amount under s.23(1-A) of the Act. The
appeals are disposed of accordingly. The award and decree of
the reference court is modified accordingly. No costs.
The appellants are directed to deposit the amount, if
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not already deposited, within a period of eight months from
the date of the receipt of this order.