1989 INSC 0128
                                               Swantra Kumar Gupta

                                                           Vs

                                        Town Improvement Trust, Bhopal

                                          Civil Appeal No. 1284 of 1981

                                            (G. L. Oza, K. N. Saikia JJ)

                                                      03.03.1989

                                                     JUDGMENT

K. N. SAIKIA, J. ­

1. This appeal by special leave is from the order of 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. 9000 per acre of land and 6 per cent 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 sq. 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 one-sixth to Rs. 10,500 per acre and similarly maintain solatium of 15 per cent but
raise the rate of interest on the enhanced compensation to 9 per cent 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.

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