Hasanuzzaman Vs. State of Assam & Anr.
(Arising out of SLP (C) No. 7336 of 2000)
(Arising out of SLP (C) No. 7336 of 2000)
Land Acquisition Act, 1894
Compensation – Standing house on land acquired – Compensation quantified at Rs. 75,000 – High Court interfering and awarding Rs. 15,000 for CI sheets and wooden material – Question covered by case of Abdul Kuddus Mandal. Held that High Court’s approach was erroneous. Compensation of Rs. 75,000 restored. Claimant having received Rs. 15,000, would be entitled to Rs. 60,000 with interest @ 9% PA. (Para 4)
1. Delay condoned.
2. Leave granted.
3. Learned Counsel for the parties concede that the issue involved in this case, namely, the entitlement of the appellant to compensation by way of cost of house stands already settled by a judgment of this Court in Abdul Kuddus Mandal and Others v. State of Assam and Another (JT 1999 (6) SC 339).
4. While the reference court in the instant case awarded compensation by quantifying the amount of Rs. 75,000/- towards costs of the house of the appellant, the High Court interfered with that amount and granted only a sum of Rs. 15,000/- towards costs of CI sheets and wooden material. The approach of the High Court was clearly erroneous. For the reasons given by us in Abdul Kuddus case (supra), we allow this appeal and agree to the determination of cost of house standing on the acquired land as calculated by the reference court to be valid and proper. We accordingly, hold that the appellant shall be paid an amount of Rs. 75,000/- towards compensation for the house standing on the acquired land. Since, we are allowing compensation for the house, the question of grant of cost for the material used in the house amounting to Rs. 15,000/-, as given by the High Court, does not arise. It is stated that the amount of Rs. 15,000/- has already been received by the appellant. The appellant shall, therefore, now only be entitled to receive the balance amount, i.e., Rs. 60,000/- (Rs. 75,000/- minus Rs. 15,000/-) as compensation for the house.
5. The order of the High Court, to the above extent shall, therefore, stand modified. The appellant shall also be entitled to interest at the rate of 9 per cent per annum on the amount of Rs. 60,000/- calculated from the date of the order of the High Court. The interest shall be calculated on the sum of Rs. 60,000/- only and not on Rs. 75,000/- since Rs. 15,000/- stands already paid to the appellant and that amount is required to be adjusted while calculating the just and fair compensation for the house. The State shall pay the aforesaid amount within eight weeks.
6. The appeal is allowed in the above terms. No costs.