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SPECIAL LAND ACQUISITION OFFICER versus SHARANABASAPPA SHIVAYOGAPPA TYAPAL & ORS

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1995 SCC (5) 592 1995 SCALE (5)66

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SPECIAL LAND ACQUISITION OFFICER V. SHARANABASAPPA SHIVAYOGAPPA TYAPAL & ORS [1995] RD-SC 392 (16 August 1995)

RAMASWAMY, K.

RAMASWAMY, K.

HANSARIA B.L. (J) HANSARIA B.L. (J)

CITATION: 1995 SCC (5) 592 1995 SCALE (5)66

ACT:

HEADNOTE:

O R D E R Leave granted.

The Land Acquisition Officer's award is dated the 12th October, 1978 and the Referance Court award is of 31st March, 1980. Under these circumstances, the claimants are not entitled to the enhanced benefits under Sections 23(1- A), 23(2) and 28 of the Land Acquisition Act, 1894. as amended by the Amendment Act 68 of 1984. The award of the High Court is modified and the grant of benefits are set aside. However, the claimants are entitled to 15 per cent solatium on the enhanced compensation and interest @ 5 per cent per annum under the local amended Act on the enhanced compensation from the date of taking possession till the date of payment or deposit whichever is earlier.

The appeals are accordingly allowed to the above extent.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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