District Judge and number by this companyrt because that is the excess in terms of section 28 of the Act as amended.
Arising out of Special Leave petitions c Nos.7902, 7919, 7920, 7921, 7922, 7923, 7984, 7985, 7979, 74, 7986 13192 of 1986, 808, 2421, 4489, 3748, 4247, 4241, 4216,4234, 4270, 4337, 4325, 2821, 4825, 5440, 13086 92, 5536 5536D, 6762, 2644, 10238, 9659 13177 of 1988, 7419 of 1989 and 55 of 1990, 13757/86 J U D G M E N T SEN, J. Leave granted.
8,000/ per bigha and gave the following directions In addition to the market value the appellants will be entitled to an additional amount at the rate of 15 per annum on the market value in terms of section 23 1 A as amended by the Land Acquisition Amendment Act, 1984 from the date of numberification under section 4 of the Land Acquisition Act the Act till the date of the making of the award or taking possession, whichever is earlier.
The appellants will be further entitled to solatium at the rate of 30 on the market value under the amended law.
The appellants derive their livelihood from the land.
On reference under Section 18 of the Act, the Additional District Judge raised the amount of companypensation to Rs.3,500/ per bigha for Block A and Rs.3,000/ per bigha for Block B. The High Court took into companysideration various factors including companypensation for similar lands acquired by the Government where companypensation was fixed at a much higher rate.
As there is a difference of more than three years between the numberification under s.4 13.11.1959 and the declaration under s.6 17.8.64 of the Act in R.F.A. 369/70 Jai Prakash v. Union of India the appellants in R.F.A. 369/70 will also be entitled to interest at rate of 6 per annum on the market value of the land under s.4 3 of the Land Acquisition Amendment and Validation Act, 1967 provided there is numberoverlapping in the payment of interest under s.28 of the Act and s.4 3 of the Amendment Act of 1967.
Further the appellants will be entitled to interest at the rate of 9 per annum for a period of one year from the date of taking possession and thereafter at the rate of 15 per annum till payment on the excess amount, that is, the amount which was increased by the Addl.
The High Court also took into numberice from the facts produced before it that in the neighbourhood of this village prices of the lands were showing an upward trend.
The lands were being bought and sold by people for purposes of building houses.
under Section 4 of the Land Acquisition Act hereinafter referred to as the Act .
On reference the Additional District Judge fixed the market value on the same basis as he had done for the land acquired under the previous numberification dated 13.11.1959.
The High Court numbericed that the instances cited by the appellants were of the land situated in Chokhandi, whereas the dispute of the present case related to lands in a different village keshopur.
Sale of small plots indicated that the land in village keshopur had potentiality as a building site.
For the land acquired pursuant to the numberification dated 24.101961, the Land Acquisition Collector had divided the land into three Blocks Block A, Block B and Block C and fixed the companypensation at the rate of Rs.1000/ , Rs.600/ and Rs.400/ per bigha respectively.
v. Union of India .
2044 to 2052, 2056, 2058, 2091, 2055, 2057, 2059, 2060 to 2065, 2068 to 2079, 2080 84, 2085 to 2089, 2066, 2067 AND 2090 OF 1997.
Whatever has already been paid either towards the market value or solatium or interest will be deducted.
Small plots were being sold.
The land at keshopur has the same economic potentialities as the land situated in Chaukhandi.
In R.F.A. 527/70 the appellants will be entitled to companyts.
WITH CIVIL APPEALS NOS.
159/1972 Shri Attar Singh Ors.
There is numberJustification for the High Court for valuing the appellants land situated in the adjoining village of Keshopur at Rs.8000/ per bigha.
However they will number be entitled to the amount of companyrt fee on Rs.1,10,160/ which they have paid on solatium.
They will also be entitled to proportionate companyts.
The High Court, therefore, was of the view that numberdistinction should be drawn between the land falling under Block A and Block B. The High Court, therefore, fixed market value of the land acquired pursuant to the numberification dated 13.11.1959 at Rs.7000/ per bigha.
So far as the land acquired under numberification dated 13.11.1959 was companycerned, the Land Acquisition Collector divided the acquired land into two Blocks A and B and fixed companypensation for Block A land at Rs.600/ per bigha and for Block B land at Rs.300/ per bigha.
The land having been taken away, they have been rendered Jobless.
The High Court failed to realise the lass caused by acquisition proceedings.
The valuation of the land at chaukhandi has been done on the basis of the area of the land in question and its potential value.
The Union of India has number preferred any appeal against the direction to pay interest and solatium under the amended provisions.
This group of appeals relates to assessment of companypensation for land acquired in the village Keshopur by the Union of India by two numberifications dated 13.11.1959 and the other dated 24.10.1961.
The companytention of the appellants is that valuable lands of the appellants have been taken away by the Government at a throwaway price fixed in an arbitrary manner.
