1996 INSC 0199
                                                 Seshan and Others

                                                           Vs

                    Special Tehsildar & Land Acquisition Officer, Spicot, Pudukkottai

                                          Civil Appeal No. 2938 of 1996

                           (K. Ramaswamy, S. Saghir Ahmed, G. B. Pattanaik JJ)

                                                      30.01.1996

                                                        ORDER

1. Leave granted.

2. We have heard the learned counsel on both sides.

3. Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 17-10-1981.
The possession of the land was taken in January 1982. The Land Acquisition Officer in his award
dated 31-7-1982 determined compensation @ Rs 2000 per acre. On reference, the civil court by
award and decree dated 7-11-1983 enhanced the compensation to Rs 4000 per acre. On appeal, the
High Court by judgment and decree dated 9-8-1989 enhanced the compensation to Rs 6000 per acre
and awarded interest under the unamended Act as per the State amendment. Thus this appeal by
special leave.

4. In view of the fact that the Land Acquisition Officer has made the award on 31-7-1982, i.e., after
the introduction of the Amendment Act 68 of 1984 on the floor of Parliament, the claimants are
entitled to interest under Section 34 @ 9% per annum from the date of taking possession till date of
payment or deposit in the court. They are entitled to interest @ 15% on compensation not paid or
deposited after the expiry of one year. Equally so on the enhanced compensation from the respective
dates till the date of deposit in the court. Equally, solatium @ 30% under Section 23(2) is required
to be deposited on the market value.

5. The appeal is accordingly allowed to the above extent. No costs.