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Judgment
Sr.
No.",Classification of land,Rate per Bihga
1,Kulahu Awal,"Rs.1,53,579-20
2.,Kulahu Doyam,"Rs.1,26,958-80
3.,Bakhal Awal,"Rs.79,861-20
4.,Banjar/Ghasni,"Rs.12,286-20
common/uniform potentiality, concomitantly, hence, necessitates assessment, of, uniform/common rates, of compensation, for each diverse",,
category(ies) of acquired land(s). Obviously, thereupon uniform rates of compensation ought to be assessed, for, different categories of lands or lands",,
bearing different classifications. Since, apparently, the apposite assessment has occurred, in contravention, of, the settled legal position, envisaging",,
assessment of uniform rates, of compensation qua lands bearing different categories/classifications, (vii) especially when lands bearing different",,
classification, were, acquired for a common public purpose, hence the Land Acquisition Collector concerned, has proceeded to untenably assess",,
varying or distinct rates of compensation, for lands bearing distinct categories or classifications, thereupon, he has irrevered the aforesaid principle of",,
law, hence, both the Reference Court, and, the Land Acquisition Collector concerned, have committed an impropriety. The said impropriety needs to",,
be undone.,,
Consequently, the instant appeal is partly allowed and it is held that the rate of compensation for all categories of land, including land(s) of the",,
appellants herein, shall be at the rate assessed qua Kulahu Awal i.e. Rs.1,53,579.20 per bigha along with all the statutory benefits detailed hereinafter:-",,
(a) Interest at the rate of 12% per annum on the market value from the date of notification under Section 4 of the Act till the date of award under,,
Section 23(1-A) of the Act.,,
(b) In addition to the market value, the appellants are held entitled to get solatium or compulsory acquisition charges at the rate of 30% on such market",,
value as provided under Section 23(2) of the Act; and,,
(c) Interest at the rate of 9% per annum from the date of notification under Section 4 of the Act upto one year and thereafter, at the rate of 15% per",,
annum, till payment is made in the Court as provided under Section 34 of the Act. The impugned award is modified accordingly. All pending",,
applications also stand disposed of. No order as to costs. Records be sent back forthwith.,,