Full Judgment Text
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PETITIONER:
SPECIAL LAND ACQUISITION OFFICER & ORS.
Vs.
RESPONDENT:
MALLANAGOUDA RAYANAGOUDA PATIL & ORS.
DATE OF JUDGMENT03/08/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
PARIPOORNAN, K.S.(J)
CITATION:
1995 SCC (5) 544 1995 SCALE (4)855
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
The High Court of Karnataka in the impugned order
reversed the award and decree of the Reference Court and
modified the same to the extent that the claimants will be
entitled to compensation @ Rs. 9, 160/- per acre for the
irrigated land and Rs. 8,680/- per acre for dry land, as
against the Reference Court’s award of sum of Rs. 16,950/-
and Rs. 9,975/- respectively, when the matter had come up
for admission, since a batch of the matters was then
pending, notice was ordered in these matters also and the
same was directed to be tagged with them. Since the batch
has been disposed of by order dated January 27, 1995 in C.A.
arising out of SLP [C] Nos. 11963-70/96, this Court while
affirming the compensation awarded by the High Court
modified the judgment and decree to the extent of awarding
benefits of enhanced solatium and interest under the
Amendment Act 68 of 1984. The Court instead granted solatium
at 15 per cent and interest at 6 per cent on the enhanced
compensation from the date of taking possession till date of
payment or deposit, whichever is earlier. In these cases,
since the award of the Reference Court itself is of October
23, 1982, i.e., after the Amendment Act was introduced, the
respondents are entitled to the benefits of the enhanced
solatium and interest as granted by the High Court.
The appeals are accordingly dismissed. No costs.