SESHAN AND ORS. versus THE SPECIAL TEHSILDAR AND LAND ACOUISITION OFFICER, SIPCOT, PUDUKKOTTAJ on 30 January 1996

A

SESHAN AND ORS.

v.

THE SPECIAL TEHSILDAR AND LAND ACOUISITION OFFICER, SIPCOT, PUDUKKOTTAI

JANUARY 30, 1996

B

[K. RAMASWAMY, S.S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.]

La11d Acquisition Act, 1894 :

c

Sections 23(2), 34-Award made after the introduction cf Ame11dment Act 68 of 1984~Hence claimants entitled to i11£eresl @ 9% p.a. from the dale of taking possessio11 till date of awan}-A/so elllirled lo interest @I 5% p.a. on enhanced con1pensation after expily of one yea1; and on the enhanced con1pensation-Clain1ants are also entitled to Solatiunt @ 3Do/o on the D additional amo1111£.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2938 of 1996.

E

From the Judgment and Order dated 9.8.89 of the Madras High · Court in A.S. No. 572 of 1985.

V. Balachandran for the Appellants.

A. Mariarputham and Mrs. Aruna Mathur for the Respondent.

F

The following Order of the Court was delivered :

Leave granted.

We have heard the learned counsel on both sides.

G

Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 17th October, 1981. The possession of the land was taken in January 1982. The land Acquisition Officer in his award dated July 31, 1982 determined compensation @ Rs. 2,000 per acre. On reference, the civil Court by award and decree dated November 7, 1983 enhanced the H compensation to Rs. 4,000 per acre. On appeal, the High Court by judg-

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SESHAN v. SPL. TEHSILDAR & LAND ACQUISITION OFFICER 1059

ment and decree dated August, 9, 1989 enhanced the compensation to A Rs.6,000 per acre and awarded interest under the unamended Act as per the State amendment, thus this appeal by special leave.

In view of the fact that the Land Acquisition officer has made the award on July 31, 1982, i.e., after the introduction of the Amendment Act 68 of 1984 on the floor of the Parliament, the claimants arc entitled to B interest under Section 34@ 9% per annum from the date of taking posses-sion till date of payment or deposit in the Court. They are entitled to interest @ 15% on compensation not paid or deposited after the expiry of one year. Equally so on the enhanced compensation from the respective dates till the date of deposit in the Court. Equally, solatium @ 30% under C Section 23(2) is required to be deposited on the market value.

The appeal is accordingly allowed to the above extent. No costs.

Appeal allowed.

G.N.