M/S, Hindustan Paper Corpn. Ltd. Vs. Sakhram Gour
& Ors  INSC 329 (25 July 1995)
K. Ramaswamy, K. Paripoornan, K.S.(J)
1995 SCC (5) 282 JT 1995 (6) 2 1995 SCALE (4)664
APPEAL NOS. 5167 TO 5248 OF 1992
O R D
under s.4(1) of the Land Acquisition Act 1 of 1898 (for short `the Act') was
published on July 3,
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.
these appeals by special leave.
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.
appellants are directed to deposit the amount, if not already deposited, within
a period of eight months from the date of the receipt of this order.