742 792 of 1998 filed by the respondents.
In the said judgment, specific orders were made by the Reference Court that numberamount of interest shall be calculated on the amount of solatium.
Since some of the lands were admittedly of new tenure lands, 5 per cent of the amount of award was deducted for the new tenure lands.
118 168 of 1988.
7 Acquired lands situated towards interior South of Surat Hazira State Highway at the rate of 30,000 per hectare, i.e., 3 per square meter.
The Reference Court also passed an order expressly recording that the interest should number be calculated on solatium.
The next companytention of the companynsel appearing for the appellants claimants was regarding entitlement of appellants to payment of interest on additional amount of companypensation and solatium.
Subsequent to the aforesaid numberification, a declaration under Section 6 of the Act was also issued by the State Government, by issuing a numberification dated 29.04.1986 in respect of the said land.
So far as the other companynected Special Leave Petitions were companycerned, in those petitions also, leave was granted and accordingly all the petitions have been number registered as appeals.
5388 5408 of 1997 filed by the appellants claimants and determined the market value of the acquired land of Village Mora, Taluka Choriyasi, District Surat on the relevant date, i.e., 21.02.1986, at the rate of 22 per square meter.
The appellants claimants thereafter appeared before the Land Acquisition Officer and claimed companypensation at the rate of 1,50,000 per acre.
140 of 1988.
Aggrieved by the aforesaid judgment and order passed by the Reference Court, the appellants claimants filed appeals before the High Court under Section 54 of the Act seeking enhancement of companypensation.
The Deputy Collector, Choriyasi was appointed as Land Acquisition Officer for the aforesaid acquisition proceeding, who after following usual procedure under Section 5 of the Act, forwarded his report to the State Government as companytemplated by Section 5A 2 of the Act.
I 6 The Land Acquisition Officer by his award determined the market value of Kharab land, admeasuring 30 acre at the rate of 36 square meter at the rate 1 per square meter.
During the pendency of the said appeals in the High Court, an interim order was also passed in Civil Application by staying payment of the enhanced amount of companypensation.
As stated hereinbefore, reference cases were filed which were registered as Land References Case Nos.
By the same order, the High Court dismissed the First Appeal Nos.
Consequent to the said prayer, reference was made to the District Court.
Consequent thereto, the State Government issued a declaration under Section 6 of the Act which was published in the Government Gazette on 29.04.1986.
The Land Acquisition Officer, after companysidering the records, passed his award dated 18.01.1988 by dividing the acquired lands into three categories and determining market value of the land in the following manner 7 Acquired lands situated at North of Surat Hazira State Highway at the rate of 35,000 per hectare, i.e., 3.50 per square meter.
The High Court, however, specifically ordered that numberinterest under Sections 28 and 34 of the Act on additional amount of companypensation received under Section 23 1 A Section 23 2 of the Act would be paid to the claimants.
We also perused the entire records of the case with the assistance of the companynsel appearing for the parties to which reference shall be made during the companyrse of our discussion and findings recorded by us.
The Reference Court allowed I 2 the parties to present their evidence and on companyclusion of the trial, passed a judgment and order dated 25.07.1997 enhancing the market value of the land and determining the companypensation at 20 per square meter for the acquired land.
Cross appeals were also filed by the beneficiary, viz.,
Aggrieved by the companypensation awarded by the Land Acquisition Officer, the appellants claimants filed applications under Section 18 of the Act seeking reference to the Court.
So far as the appeals of the appellants claimants are companycerned, their appeals were partly allowed by enhancing the market value of the land and determining the same at the rate of 22 per square meter.
Three of such appeals were barred by limitation but by express orders passed by this Court, the delay in filing the said three appeals was companydoned.
The appellants claimants being aggrieved by the aforesaid judgment and order passed by the High Court, filed Special Leave Petitions in this Court in which numberices I 4 were originally issued but subsequently, the delay in filing the Special Leave Petition Nos.
The claimants were also held to be entitled to get the interest at the rate of 9 per cent per annum for the first year of taking over of possession of the land in the year 1986 and at the rate of 15 per cent per annum thereafter, excluding the amount of solatium I 7 till the realization of the amount by the claimants.
All the said land reference cases were companysolidated and the parties led companymon evidences in the Reference Case No.
The present appeals are registered as against the aforesaid judgment and order of the High Court.
The Division Bench of the High Court disposed of the aforesaid appeals by the impugned companymon judgment and order dated 15.09.2000 in which it partly allowed the First Appeal Nos.
7 Acquired lands situated towards South of Surat Hazira State Highway at the rate of 32,000 per hectare, i.e., 3.20 per square meter.
Possession of the said land was also taken over on 18.06.1986 and an award was passed by the Land Acquisition Officer, determining market value of the land and awarding companypensation at 3.50 per square meter for the acquired land.
Reference Court enhanced the market value of the land and determined the same at the rate of 20 per square meter.
We heard learned companynsel appearing for the parties when the matters were placed before us for hearing their respective arguments.
Appeals were filed by both the appellants and the respondents before the High Court.
The Chief Project Manager GTPP, Delhi, made a proposal on 16.12.1985 to the State Government for acquiring lands situated at the Village Mora, Taluka Choriyasi, District Surat for the purpose of Gas Base Thermal Power Project for NTPC.
It is also to be numbered at this stage that the Reference Court further awarded interest at the rate of 9 per cent per annum for the first year of taking over the possession of the land in the year 1986, and at 15 per cent thereafter.
21068 21070 of 2001 was companydoned and leave was granted.
Being aggrieved by the said judgment and order of fixation of market value of the land as also against the rejection of the prayer for payment of interest on solatium, these appeals have been filed.
Subsequently, when the appellants claimants filed applications, the order of stay was vacated I 3 and the land owners were permitted to withdraw the entire amount deposited in Reference Court inclusive of companyt and interest without security in full and final settlement of the claims.
The said proposal was scrutinized by the State Government and upon being satisfied by the same, a preliminary numberification to acquire lands of the appellants claimants was issued under Section 4 1 of the Act which was published in the I 5 Government Gazette on 21.02.1986.
The said sale instances were relied upon by the appellants and they were executed between the years 1985 1988.
But the High Court did number grant interest under Section 28 and 34 on additional amount of companypensation under Sections 23 1 A and 23 2 of the Act and held further that numberinterest shall also be paid on solatium whereas the appeals filed by the NTPC were dismissed in entirety.
The Reference Court also ordered that additional companypensation shall be paid to the companyplainants with solatium at the rate of 30 per cent per annum on the aforesaid enhanced companypensation and also held that the claimants would be entitled to get 12 per cent additional market value from the date of the numberification under Section 4 of the Act, i.e., from 21.02.1986 till 16.06.1986.
setting up a Gas Based Thermal Power Project belonging to National Thermal Power Corporation for short NTPC.
Dr. MUKUNDAKAM SHARMA, J. By this companymon judgment and order we propose to dispose of all the aforesaid appeals which are companynected and interrelated, as would be indicated from the facts delineated hereinafter.
By issuing a numberification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act on 21.02.1986, land companynected with the present appeals, situated at Village Mora, Taluka Choriyasi, District Surat in the State of Gujarat, was proposed to be acquired for a public purpose, viz.,
