Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 : Ss. 4 Land Acquisition Act 6 23( 1-A) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 : Ss. 4, 6, 23(1-A)-Compensation-Award of-Market value of land- Determination of-Solatium and interest-Held justified-Acquisition proceedings started as early 15.5.68, the award of the Collector was on 29.2.70 and possession of the land was taken thereafter--All events happened long before the Land Acquisition (Amendment) Act of 1984-Hence claimant not entitled to the benefit of S.23(1-A).The appellant Society is running educational and charitable institutions. The Society acquired certain land belonging to the second respondent for providing a playground to one of its Colleges. Compensation was awarded to the second respondent @ Rs. 12,000 per acre and Rs. 1000 as price of well apart from 15% solatium and 6% interest from date of notification to date of award.The Reference Court awarded enhanced compensation @ Re. 1 per sq. yard for the entire land and further interest @ 6% from date of notification till the additional amount was paid to the claimant.On appeal, the High Court enhanced the compensation @ Rs. 8 per sq. yard, 30% of the market value as solatium along with 12% of such market value from date of notification till taking possession and interest at 9% for the first year and at 15% till payment of compensation. The Division Bench declined to interfere. Hence this appeal. |
Judge | Hon'ble Mr. Justice K.S. Paripoornan |
Neutral Citation | 1995 INSC 137 |
Petitioner | S.a. Jain College Trust And Managing Society |
Respondent | The State Of Haryana And Anr. |
SCR | [1995] 2 S.C.R. 316 |
Judgement Date | 1995-02-24 |
Case Number | 3078 |
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