1996 INSC 0960
                           Krishi Utpadan Mandi Samiti, Bulandshahr and Others

                                                           Vs

                                              Ganga Sahai and Others

                                       Civil Appeals Nos. 869-71 of 1993

                                      (K. Ramaswamy, G. B. Pattanaik JJ)

                                                      23.07.1996

                                                        ORDER

1. Substitution allowed.

2. Leave granted.

3. We have heard counsel for the parties. Notification under Section 4(1) of the Land Acquisition
Act, 1894 was published on 25-5-1976 acquiring the land in question for the purpose of establishing
the agricultural market yard. The award under Section 11 was made by the Collector on 10-5-1977.
On reference the Additional District Judge by his award and decree date 15-9-1979 enhanced the
compensation to Rs 10 per sq. yd. with solatium at 15% and interest at 6%. On appeal, the High
Court enhanced the compensation to Rs 15 per sq. yd. The High Court also enhanced solatium and
interest under the Amendment Act 68 of 1984 as well as the additional amount under Section 23(1-
A). Thus these appeals by special leave.

4. It is not necessary to dilate upon all the facts but the point is that another Division Bench had
followed the earlier order and awarded common market value to all the lands. Though Shri O.P.
Rana, learned Senior Counsel, is right that in the first case the Division Bench had not given cogent
reason for enhancement of the market value from Rs 10 to Rs 15 per sq. yd., we find that the
reference court had given various reasons for confining to the market value at Rs 10 per sq. yd.
Though the basis under which the market value was determined by the High Court was not after
proper appreciation of evidence, the principle involved in determining the compensation cannot be
faulted. Though we are not satisfied with the reasoning of the Division Bench, we are not inclined
to interfere with the enhancement of the compensation to Rs 15 per sq. yd. However, the claimants
are not entitled to the enhanced solatium and interest and also the additional amount since the
reference court had made the award and decree on 15-9-1979 that is much earlier to the introduction
of the Amendment Act 68 of 1984. Therefore, the enhancement of 30% solatium, interest at 9% for
one year from the date of taking possession and 15% thereafter till date of deposit and also of
additional amount under Section 23(1-A) stands set aside. Instead, the claimants will be entitled to
solatium at 15% and interest at 6% on enhanced compensation from the date of taking possession
till date of deposit as ordered by this Court in the interim order.

5. The appeals are accordingly disposed of. No costs.