Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5150-5151/2018
(ARISING FROM SLP (C) NOS.4696-4697/2018)
PATNI HUSHENBHAI SIDIBHAI KOTVALA (DECEASED)
THR. LRS & ORS. APPELLANT(S)
VERSUS
NATIONAL HIGHWAYS AUTHORITY OF INDIA RESPONDENT(S)
WITH
C.A. NOS. 5152-5153/2018 @ SLP(C) Nos. 7318-7319/2018
C.A. NOS. 5154-5155/2018 @ SLP(C) Nos. 7321-7322/2018
J U D G M E N T
KURIAN, J.
Leave granted.
2. The issue raised in these appeals pertains to the
claim for enhancement of compensation. Similar and
connected matters came up for consideration before
this Court, out of the same impugned judgment leading
to the judgment dated 14.11.2017 passed in C.A.
Signature Not Verified
Digitally signed by OM
PRAKASH SHARMA
Date: 2018.05.15
18:11:40 IST
Reason:
No.18744-18745/2017 and batch. The appeals were
disposed of with the following directions:-
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(i) The compensation in respect of the land
acquired from the appellants shall be worked out
only on the basis of the calculation based on the
return from the fruit-bearing trees, as
calculated by the Reference Court.
(ii) On the compensation thus calculated,
the appellants shall be entitled to additional
compensation and solatium.
(iii) The appellants shall also be entitled
to interest under Section 28 of the Land
Acquisition Act, 1984 on the entire compensation
thus worked out in terms of para (i) and (ii)
above.
(iv) Learned counsel appearing for the
Respondent/National Highway Authority of India
points out that the appellants have already
received compensation on the basis of the
calculation based on land value.
(v) We make it clear that in case any of
the appellants have received any compensation on
the basis of the calculation based on land value,
the amount shall be adjusted from the date of
receipt along with 15% interest thereon, while
granting the compensation. We further make it
clear that in case the compensation awarded is
deposited in Court, there shall be no adjustment
of interest.
(vi) Needless to say that compensation
necessarily includes solatium and interest on the
amount.
3. These appeals are also disposed of in terms of
the reliefs, as extracted above.
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4. Pending applications, if any, shall stand
disposed of.
5. There shall be no orders as to costs.
.......................J.
[KURIAN JOSEPH]
........................J.
[MOHAN M. SHANTANAGOUDAR]
NEW DELHI;
MAY 14, 2018.
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