Utpadan Mandi Samiti Bulandshahr Vs. Ganga
Sahai & Ors  INSC 842 (23 July 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (7) 120 1996 SCALE (5)579
23RD DAY OF JULY 1996 Present:
Mr.Justice K.Ramaswamy Hon'ble Mr.Justice G.B,Pattanaik O.P.Rana, Sr.Adv, Pradeep
Misre, Adv. with him for the appellant. R.C.Verma and A.K.Srivastava, Advs. for
the State. A. Grover, Sr.Adv. Pramod Dayal. M/s. Asha Jain Madan, Mrs.Rani chhabra,
Advs. with him for the Respondent.
O R D
following Order of the Court was delivered:
Utpadan Mandi Samiti Bulandshahr etc. V. Ganga Sahai & Ors. etc.
CIVIL APPEAL NO 9841 OF 1996 (Arising out of SLP (C) No. 14160/87)
O R D
have heard counsel for the parties. Notification under Section 4(1) of the Land
Acquisition Act, 1894 was published on May 25, 1976 acquiring the land in question for
the purpose of establishing the agricultural market yard.
award under Section 11 was made by the Collector on May 10, 1977. On reference the Additional District Judge by his award
and decree dated September
15, 1979 enhanced the
compensation to Rs.10/- per sq. yd. with solatium at 15% and interest at 6%. On
appeal, the High Court enhanced the compensation to Rs.15/- per sq. yd. The
High Court also enhanced solatium and interest under the Amendment Act 68 of
1984 as well as the additional amount under Section 23(1-A).
these appeals by special leave.
not necessary to dilate upon all the facts but the point that another Division
Bench had followed the earlier order and awarded common market value to all
tile lands. Though Shri O.P. Rana, learned senior counsel, is right that in the
first case the Division Bench had not given cogent reason For enhancement of
the market value from Rs.10/- to Rs.15/sq. yd., we find that the reference
Court had given various reasons for confining to the market value at Rs.10/-
per sq. yd. Though the basis under with the market value was determined by the
High Court was not after proper appreciation of evidence, the principle
involved in determining the compensation cannot be faulted Though we are not
satisfied with t e reasoning of the Division Bench, we are not inclined to
interfere with the enhancement of the compensation to Rs: 15/- per sq. yd.
However, the claimants are not entitled to the enhanced solatium and interest
and also the additional amount since the reference Court had made the award and
decree on September 15,
1979 that is much earlier
to the introduction of the Amendment Act 68/1984.
the enhancement of 30% solatium, interest at 9% for one year from the date of
taking possession and 15% thereafter till date of deposit and also of
additional amount under Section 23(1-A) stands set aside. Instead, the
claimants will be entitled to solatium at 15% and interest at 6% on enhanced
compensation from the date of taking possession till date of deposit as ordered
by this Court in the interim order.
appeals are accordingly disposed of. No costs.
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