1995 JTR(SC) 777
1995 4 Scale 855 ; 1995 5 SCC 544 ; 1995 Supp2 SCR 494
SUPREME COURT OF INDIA
BEFORE K. RAMASWAMY AND K.S. PARIPOORNAN, JJ.
SPECIAL LAND ACQUISITION OFFICER AND OTHERS
Versus
MALLANAGOUDA RAYANAGOUDA PATIL AND OTHERS
Civil Appeals Nos. 7402-08 of 1995{From the Judgment and Order dated 11-12-1985 of the Karnataka High Court in M.F.As. Nos. 1240, 1241, 1244-48 of 1983}
Decided on 3-8-1995
Advocates appeared:
M. Veerappa, Advocate, for the Appellants.
Entitlement to enhanced solatium and interest under the Amendment Act 68 of 1984 for compensation awarded for land acquisition.
Act Referred :LAND ACQUISITION ACT : S.23(2), S.28
Compensation - Land Acquisition - Enhanced Solatium and Interest
Fact of the Case:
The High Court modified the compensation awarded by the reference court for irrigated and dry land, and the matter was tagged with a pending batch of cases. The Supreme Court affirmed the compensation but modified the judgment to award enhanced solatium and interest under the Amendment Act 68 of 1984.
Finding of the Court:
The appeals were dismissed, and the respondents were entitled to the benefits of the enhanced solatium and interest as granted by the High Court.
Issues: The main issue was the entitlement to enhanced solatium and interest under the Amendment Act 68 of 1984 for the compensation awarded for land acquisition.
Ratio Decidendi: The court affirmed the compensation but modified the judgment to award enhanced solatium and interest under the Amendment Act 68 of 1984, as the award was after the introduction of the Amendment Act.
Final Decision: The appeals were dismissed, and the respondents were entitled to the benefits of the enhanced solatium and interest as granted by the High Court.
Compensation - Land Acquisition - Enhanced Solatium and Interest
Fact of the Case:
The High Court modified the compensation awarded by the reference court for irrigated and dry land, and the matter was tagged with a pending batch of cases. The Supreme Court affirmed the compensation but modified the judgment to award enhanced solatium and interest under the Amendment Act 68 of 1984.
Finding of the Court:
The appeals were dismissed, and the respondents were entitled to the benefits of the enhanced solatium and interest as granted by the High Court.
Issues: The main issue was the entitlement to enhanced solatium and interest under the Amendment Act 68 of 1984 for the compensation awarded for land acquisition.
Ratio Decidendi: The court affirmed the compensation but modified the judgment to award enhanced solatium and interest under the Amendment Act 68 of 1984, as the award was after the introduction of the Amendment Act.
Final Decision: The appeals were dismissed, and the respondents were entitled to the benefits of the enhanced solatium and interest as granted by the High Court.
M.VIRAPPA
ORDER
1. Leave granted.
2. 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 9160 per acre for the irrigated land and Rs 8680 per acre for dry land, as against the reference courts award of sum of Rs 16,950 and Rs 9975 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 27-1-1995 in CA arising out of SLPs (C) Nos. 11963-70 of 1996 (sic) 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 23-10-1982, 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.
3. The appeals are accordingly dismissed. No costs.
For Citation: 1995(5) SCC 544