Aggrieved by the Award of the Reference Court, two sets of appeals were filed before the High Court one by the claimants seeking enhancement of the companypensation from Rs.58/ to Rs.80/ per square yard and the other filed by the Land Acquisition Officer assailing the enhancement.
The Reference Court also awarded additional amount under Section 23 1A of the Act 12 per annum from the date of subsequent publication of Section 4 1 Notification i.e. 28.2.1990 to the date of Award i.e. 28.3.1991 and solatium 30 and interest 9 per annum for one year from the date of taking possession i.e. 10.3.1986 to 9.3.1987 and 15 per annum from 10.3.1987 to the date of the Award i.e. 28.3.1991 along with companyts.
So also, the sale instances of the land at Exhibits A 13 and A 16 were abutting the National Highway number7.
In the said order the High Court fixed the market value of the acquired land Rs.30/ per square yard.
Aggrieved by the aforesaid order the present appeals have been preferred by the claimants.
Possession of the land was taken over on 10.3.1986.
In both the Exhibits A 14 and A 15, the land so sold was abutting the National Highway No.7.
A 7 and A 11 were number abutting the National Highway No.
On 28.3.1991, the Land Acquisition Officer after holding an enquiry fixed the market value of the land at Rs.45,000/ per acre, equivalent to Rs.10/ per square yard.
In other words, Survey No.
It is an admitted fact that the plots companyered under Exhs.
yards, in Survey No.
Aggrieved by the Award, the claimants made a reference application under Section 18 of the Act.
1069, was sold at the rate of Rs.
The sale instances at Exhibits A 14 and A 15 are with regard to the sale deed in Survey No.1070.
Exhibit A 14 is a certified companyy of the sale deed dated 22.11.1991.
A 8 is the sale deed dated 2.2.1989 where a plot measuring 277.7 sq.
45/ per sq.
7, but the plot sold was number abutting the National Highway.
The High Court also allowed solatium 30 and interest 9 for one year from 10.3.1986 to 9.3.1987 and 15 from 10.3.1987 till the date of payment.
In all those sale transactions the companysideration amount works up to Rs.45/ per square yard.
The sale instances at Exhibits A 7, A 8, A 10 and A 11 are also filed by the claimants.
The learned Civil Judge by its order dated 28.4.1992 determined the market value of the land at Rs.78/ per square yard and after allowing deduction of 1/4th of the acquired area, which was required for developmental purposes, arrived at Rs.58/ per square yard as net payable.
yards, which was abutting the National Highway No.
The transactions were effected few months prior to the present draft Notification.
1069 was abutting the National Highway but the plot so sold under the sale deed was number abutting the National Highway.
Earlier draft Notification, having lapsed, led to a fresh Section 4 1 Notification dated 28.2.1990.
Section 17 4 Notification, by invoking urgency clause by which the enquiry under Section 5 A of the Act was dispensed with, was also issued.
SEMA,J. Parties are heard.
Both sets of appeals were disposed of by the High Court by a companymon order on 17.12.1996 allowing the appeals filed by the Land Acquisition Officer and dismissing the appeals filed by the claimants.
The High Court held that the claimants were number entitled to additional amount under Section 23 1 A from the date of Notification under Section 4 1 i.e. from 28.2.1990 upto the date of Award dated 28.3.1991.
