Swatantra Kumar Gupta Vs. Town Improvement Trust, Bhopal
EmailAppeal: Civil Appeal No. 1281 of 1981
Petitioner: Swatantra Kumar Gupta
Respondent: Town Improvement Trust, Bhopal
Apeal: Civil Appeal No. 1281 of 1981
Judges: G.L. OZA & K.N. SAIKIA, JJ.
Date of Judgment: Mar 03, 1989
Appearances:
Mr. A.K. Sanghi, Mr. S.K. Gambhir and Mr. S.K. Mehta, Advocates for the parties.
Head Note:
LAND ACQUISITION
Compensation – Determination of market value of land – Following the decision in JT 1989 (1) SC 439 , compensation enhanced by 1/6th the amount awarded by the High Court.
Cases Reffered:
1. Suresh Kumar v. Town Improvement Trust, Bhopal, JT 1989 (1) SC 439.
JUDGEMENT:
K.N. SAIKIA, J. :
1. This appeal by special leave is from the orderof the Madhya Pradesh High Court in Misc. (F) Appeal No.93 of 1974 against the award in Reference No.10 of 1970. The High Court awarded compensation at the rate of Rs.9,000/-per acre of land and 6% interest from the date of taking over of possession till payment to the extent the amount had not been deposited by the Trust. The appellant claimed compensation at the rate of Rs. 3/- per sqr. ft. The High Court found that about two-third of the total area of 13.18 acres was extremely depressed, sloping, undulating, uneven land, with big pits and holes, and only about one-third land was level on high ground. The High Court considered the question of market value of land in all the 15 references in common. Therefore, for the reasons, given in our judgment in Civil Appeal No. 2931 (N) of 1981*, we enhance the compensation by 1/6th to Rs. 10,500/- per acre and similarly maintain solatium of 15% but raise the rate of interest on the enhanced compensation to 9% from today till payment. We leave it open for the appellant to move for higher interest and solatium if entitled by virtue of subsequent pronouncement of this Court, if any.
2. In the result, this appeal is allowed as above. We make no order as to costs.
1. This appeal by special leave is from the orderof the Madhya Pradesh High Court in Misc. (F) Appeal No.93 of 1974 against the award in Reference No.10 of 1970. The High Court awarded compensation at the rate of Rs.9,000/-per acre of land and 6% interest from the date of taking over of possession till payment to the extent the amount had not been deposited by the Trust. The appellant claimed compensation at the rate of Rs. 3/- per sqr. ft. The High Court found that about two-third of the total area of 13.18 acres was extremely depressed, sloping, undulating, uneven land, with big pits and holes, and only about one-third land was level on high ground. The High Court considered the question of market value of land in all the 15 references in common. Therefore, for the reasons, given in our judgment in Civil Appeal No. 2931 (N) of 1981*, we enhance the compensation by 1/6th to Rs. 10,500/- per acre and similarly maintain solatium of 15% but raise the rate of interest on the enhanced compensation to 9% from today till payment. We leave it open for the appellant to move for higher interest and solatium if entitled by virtue of subsequent pronouncement of this Court, if any.
2. In the result, this appeal is allowed as above. We make no order as to costs.
