Full Judgment Text
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PETITIONER:
SPECIAL LAND ACQUISITION OFFICER
Vs.
RESPONDENT:
SHARANABASAPPA SHIVAYOGAPPA TYAPAL AND OTHERS
DATE OF JUDGMENT16/08/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
HANSARIA B.L. (J)
CITATION:
1995 SCC (5) 592 1995 SCALE (5)66
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
The Land Acquisition Officer’s award is dated the 12th
October, 1978 and the Referance Court award is of 31st
March, 1980. Under these circumstances, the claimants are
not entitled to the enhanced benefits under Sections 23(1-
A), 23(2) and 28 of the Land Acquisition Act, 1894. as
amended by the Amendment Act 68 of 1984. The award of the
High Court is modified and the grant of benefits are set
aside. However, the claimants are entitled to 15 per cent
solatium on the enhanced compensation and interest @ 5 per
cent per annum under the local amended Act on the enhanced
compensation from the date of taking possession till the
date of payment or deposit whichever is earlier.
The appeals are accordingly allowed to the above
extent.