Supreme CourtDivision Bench(1995) 12 SC CK 0055

Sita Devi vs State of Haryana and Another

Supreme Court Of India · Decided on 7 December 1995 · Citation: (1995) 9 JT 340 : (1995) 7 SCALE 352 : (1996) 8 SCC 83 : (1995) 6 SCR 325 Supp

HON’BLE JUDGES
K. Ramaswamy, J · B. L. Hansaria, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 11932 of 1995

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Judgment

4 paragraphs · 219 words
1.

Leave granted.

2.

The award of the Collector u/s 11 is of the Land Acquisition Act, 1894 is dated November 26, 1976. The award of the reference Court u/s 26 is dated January 10, 1985. Therefore, the appellant is entitled to the payment of enhanced interest and solatium under Sections 28 and 23(2). The controversy raised in this matter is covered by the recent judgment of this Court delivered on November 29, 1995 C.A. 8494in Prem Nath Kapoor and Ors. v. National Fertilizers Corporation Ltd. and Ors.

3.

In other respects, the appellant is not entitled to adjust interest and solatium from the principal amount of compensation determined u/s 23(1) and deposited on the respective dates. He is also not entitled to interest on solatium. Equally, the appellant is not entitled to additional amount u/s 23(1-A) at 12 cent per annum from the date of notification till date of award or of taking over possession, whichever is earlier. The appellant is entitled u/s 23(2) to solatium at 30 per cent on enhanced compensation. Equally, the appellant is entitled to interest at 9 per cent on enhanced compensation for one year from the date of taking possession of the land and 15 per cent thereafter till date of deposit into court.

4.

Appeal is accordingly disposed of. No costs.