2011 INSC 0968
                   SUPREME COURT OF INDIA

                   Wave Industries Pvt. Ltd.

                      Vs.

                   Atar Singh & Ors.

                   (2011) 12 SCALE 0153

                   (G.S.Singhvi and H.L.Dattu,JJ.,)

                   06.09.2011

                   ORDER

1. Leave Granted.

2.THESE appeals are directed against the judgments of the Division Bench of the Allahabad
High Court whereby the appeals filed by the State of Uttar Pradesh in which U.P. State Sugar
Corporation (for short, 'the Corporation') got itself impleaded as co -Appellant, against the
order passed by IV Additional District Judge, Bulandshahr (hereinafter referred to as, 'the
Reference Court') for payment of enhanced compensation to the Respondents were
dismissed.

3. THE State Government acquired the Respondents' land in 1990 for expansion of the
Bulandshahr unit of the Corporation. After completion of the acquisition proceedings, the
Special Land Acquisition Officer passed award dated 25.10.1991 and fixed market value of
the acquired land at the rate of '. 2,00,000/ - per bigha (pucca). Feeling dissatisfied with the
award of the Special Land Acquisition Officer, they filed applications under Section 18 of
the Land Acquisition Act, 1894 (for short, 'the Act') for grant of enhanced compensation at
the rate of '. 400/ - to '. 700/ - per square yard. After considering the pleadings of the parties
and the evidence produced by them including the sale instance dated 3.2.1990 vide which
land was sold at the rate of '. 7 lacs per bigha (pucca), the Reference Court held that the
landowners are entitled to compensation at the rate of '. 6 lacs per bigha with other statutory
benefits. The operative portion of order dated 23.3.1992 passed by the Reference Court reads
as under: A. References number 25 of 92, 55 of 92, 53 of 92, 56 of 92, 42 of 92, 43 of 92, 44
of 92, 45 of 92, 46 of 92, 47 of 92, 48 of 92, 49 of 92, 50 of 92, 51 of 92, 52 of 92 are
allowed and the Award dated 25/10/91 is modified. B. All the applicants in the reference are
entitled to get the compensation with respect to the acquired land at the rate of '. 6,00,000/ -
per bigha. C. The applicants in the reference are entitled to get the solatium at the rate of '.
30% on the increased amount of compensation. D. The applicants in the reference are
entitled to get additional compensation at the rate of 12% per annum with effect from the
date of publication of the notification getting compensation under Section 4 of Land
Acquisition Act. E. The applicants in the reference are entitled to get the interest at the rate

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of 9% per annum on enhanced amount of compensation for one year with effect from the
date of acquisition of the land i.e. 26/5/90 and they shall be entitled to get the interest at the
rate of 15% per annum on increased amount of compensation after the period of one year up
-to the date of making payment. F. The amount of compensation be calculated at aforesaid
rate and payment be made within the period of two months. ;

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