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Union of India Vs. Kishan Chand & Ors [1996] INSC 1295 (11 October 1996)

K. Ramaswamy, G.B. Pattanaik

ACT:

HEAD NOTE:

O R D E R

Delay condoned.

Leave granted.

Notice on respondents 2, 3 and 4 to 20 has been returned with postal remarks "Address Incomplete". Notice on respondent No.22 has been served. Under these circumstances, notice must be deemed to have been served on them. They are not appearing either in person or through counsel Notice was limited only to the issue of applicability of the provisions of Amendment Act 68 of 1984.

Notification under Section 4 [1] of the Land Acquisition Act, 1894 was published on October 24,1961. The Land Acquisition Officer by his award had granted compensation @ Rs.2,500/- per bigha. On reference, the Additional District Judge by his award and decree dated December 19,1973 enhanced the compensation @ Rs.5,000/-per bigha. The High Court on appeal while enhancing the compensation to Rs. 12,000/- per bigha has given the benefits of the Amendment Act 68 of 1984 by enhancing the solatium and interest and additional amount. In view of the fact that the reference Court had decided the matter in December 1973 the respondents are not entitled to the benefits of the enhanced solatium and inteest and additional benefit under Sections 23 [2],28 and[1-A].

The appeal is accordingly allowed to the above extent.

Instead, the claimants are entitled to interest @ 6% on the enhanced compensation and solatium at 15%. The judgement of the High Court is accordingly modified. No costs.

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