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Raghbir Singh Vs. Union of India, Etc. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtDelhi High Court
Decided On
Case NumberRegular First Appeal Nos. 113 and 114 of 1968
Judge
Reported inAIR1985Delhi228; ILR1985Delhi774
ActsLand Acquisition Act, 1894 - Sections 4(1)
AppellantRaghbir Singh
RespondentUnion of India, Etc.
Advocates: B.S. Tyagi,; C.L. Verma,; Lajwanti,;
Cases ReferredCellector v. Habib
Excerpt:
(i) land acquisition (amendment) act - sections 4(1), 23(1-a), 28 & 30(1)--in addition to the market value, land owners are also entitled to an amount at the rate of 12 per cent on market value for the period commencing on and from the date of notification under section 4(1) to the date of award or taking possession, whichever is earlier--section 23(1-a) is prospective in character, but retrospective where proceedings were pending on 30-4-1982 and/or proceeding were commenced after 30-4-1982--solarium payable on 'market value'--additional 12 per cent amount does not form part of market value--however it does form part of compensation thereforee land owner is entitled to interest under section 28--section 28 is retrospective and applicable to cases where award is made by the collector.....avadh behari, j.(1) for the first time in these two appeals we are called upon to interpret the provisions of the land acquisition (amendment) act 1984.(2) these are the facts. the land of the appellants situated in village dhaka was compulsorily acquired by the respondent,union of india. notification under section 4 of the land acquisition act 1894 (the act) was issued on 13-11-59. in due course the collector made the award (award no. 1557). on a reference under section 18 of the act the additional district judge enhanced the compensation in this manner : for block a land .he raised the compensation fromrs. 4,500 per bigha as determined by the collector to rs. 8,000 per bigha. for block b land he enhanced the compensation from rs. 3,200 to rs. 6,000 per bigha. as regards block c land the.....
Judgment:

Avadh Behari, J.

(1) For the first time in these two appeals we are called upon to interpret the provisions of the Land Acquisition (Amendment) Act 1984.

(2) These are the facts. The land of the appellants situated in village Dhaka was compulsorily acquired by the respondent,Union of India. Notification under section 4 of the Land Acquisition Act 1894 (the Act) was issued on 13-11-59. In due course the Collector made the award (Award No. 1557). On a reference under section 18 of the Act the Additional District Judge enhanced the compensation in this manner :

For block A land .he raised the compensation fromRs. 4,500 per bigha as determined by the Collector to Rs. 8,000 per bigha.

FOR block B land he enhanced the compensation from Rs. 3,200 to Rs. 6,000 per bigha.

AS regards block C land the compensation was increased from 2,500 to Rs. 4,000 per bigha.

THERE was one Khasra No. 61315721206 which was in block C. For that he did not make any enhancement. He retained the valuation of the Collector which he had fixed at Rs. 2,500 per bigha.

(3) From the orders of the Additional District Judge dated10-6-68 the appellants appeal to this Court. They claim in these two appeals enhancement of compensation. They claim that market value of their entire land be fixed uniformly atRs. 15,000 per bigha except for Khasra No. 61315721206 for which they claim at the rate of Rs. 8,000 per bigha.

(4) The appellants mainly rely on a judgment of the division bench in Gulzari Mal v. Union of India, Lpa No. 132 of1979 decided on 6-8-1984 (1) by Prakash Narain Cj and B.N.Kirpal J. In that case the land owners were awarded compensation at the rate of Rs. 20,000 per bigha for their land in block A. Basing himself on this, appellants' counsel submits that it will be just to award compensation at the uniform rate of Rs. 15,000 per bigha for all the lands of the appellants excluding Khasra No. 61315721206. He says that in any event the judge himself had made the distinction between classes ofA, B, C lands by making a difference of Rs. 2,000 in each of the three blocks. If class A is Rs. 20,000 per bigha, he argues,class B and C lands can well be Rs. 15,000 per bigha on the basis of distinction made by the judge. We find force in thiscontention. We, thereforee, hold that it is just and fair to fix the market value at Rs. 15,000 per bigha for the appellants'land in blocks A, B and C us claimed by them. For Khasra No.61315721206 the claim is limited to Rs. 8,000 per bigha which we think is also in no way extravagent. We determine the market value of this Khasra at the rate of Rs. 8,000 per bigha.

(5) In appeal Rfa 113 of 1968 the entire claim is forRs. 3,65,217.39 P. on account of market value of the landacquired. The market value will in no case exceed this amount.In Rfa 114 of 1968 the total amount of the market value of the land asked for is Rs. 33,000. The appellants in that appeal will not be entitled to more than this amount on account of market value of their land.

(6) In addition to the market value of the land so determined above, the appellants will also be entitled to 30 per cent on the market value on account of solarium. By the Land Acquisition (Amendment) Act, 1984 (Amendment Act) which received the assent of the President on 24-9-1984, solarium has been increased by section 2312) from 15 per cent to 30per cent. thereforee, we have awarded 30 per cent 'in consideration of the compulsory nature of the acquisition' popularly known as solarium.

(7) The Amendment Act has given several benefits to the land owner whose land is taken. One such benefit is embodied In section 23(1-A). This newly added sub-section (1-A) reads as under :'(1-A) In addition to the market value of the land as above provided, the Court shall in every case award an amount calculated at the rate of twelve percentum per annum oil such market value for the period commencing on and from the date of th:publication of the notification under section 4, subsection (1) in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

(8) According to sub-section (I-A) 'in addition to the market value of the land'' the land owners will be entitled to an amount at the rate of 12 per cent per annum on the market value for the period commencing on and from the date of the publication of the notification under section 4(1) to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. In the present case the notification was made on 13-11-1959. The award was made on30-3-1963. So the additional amount of 12 per cent per anemone the market value of the land determined above will he payable to the land owners from 13-11-1959 to 30-3-1963.

(9) Counsel for the Union of India submits that the landowners are not entitled to the additional amount of 12 per cent annum because, on her. submission, this provision will apply only to cases where section 4 notification is issued after 24-9-84the date on which the Amendment Act received the assent of the President. We do not agree. Section 30(1) of the Amend-merit Act deals with 'transitional provisions'. It says :

30(1).The provisions of sub-section (I-A) of section 23of the principal Act, as inserted by Clause. of section 15of this Act, shall apply and shall be deemed to have applied,also to. and in relation to,(a) every proceeding for the acquisition of any land'under the principal Act pending on the 30th day ofApril, 1982 the date of introduction of the Land Acquisition (Amendment) Bill, 1982, in the House of the People, in which no award has been made by the Collector before that date;

(B)every proceeding for the acquisition of ally land under the principal Act commenced after that date,whether or not an award has been made by the Collector 'before the commencement of this Act.(2) The provisions of sub-section (2) of section 23 and section 28 of the principal Act. s' amended by clause of section 15 .. and section 18 of this Actrespectively, shall apply, and shall be deemed top have applied, also to, and in relation to, any award made by the Collector or Court or to any order passed by the High Court or Supreme Court in appeal against any such award under the provisions of the principal Act after the 30th day of April1982 the date of introduction of the Land Acquisition (Amendment) Bill, 1982 in the House of the People and before, the commencement of this Act.'

(10) The critical words in this section are 'also to' used in sub-Section (3). This shows that firstly this provision of additional amount made in section 23(1-A) will also apply and shall be deemed to have applied to every proceeding which wasp ending on 30-4-1982 and in which no award had been made by the Collector before that date. Secondly this provision will also apply to every proceeding for acquisition of the land which was commenced after 30-4-1982. whether or not an award has been made by the Collector before 24-9-1984. This provision applies to cases falling within the two cut-off dates 30-4-1982and 24-9-1984. But if a case is decided after 24-9-1984, after the Amendment Act has become the law of the land. the Courts are bound to give effect to the) provisions of sub-section (I-A) of section 23 which means that the land owner ''in addition to the market value of the land' will also be entitled to 12 per cent annum on such market value. This is exactly tile case here.We must apply the law of the land and award 12 per cent perineum on the market value from 13-11-1959 the date of section 4 notification till 30-3-1963 the date of the award. The word'also' is a copulative carrying on the sense that though the law enacted will apply to future cases, it will also apply to past in given cases.The position comes to this. Section 23(1-A) is prospective in character and will apply to all cases which are decided after24-9-1984. It is made retrospective only in two contingencies specified in section 30(l)(a) and (b) of the Amendment Act.As regards the period preceding 24-9-1984 it will not be applicable to a case other than a case falling within (a) and (b).

(11) By sub-section (2) of section 30 of the Amendment Act,the amended provision of section 23(1-A) has not been made retrospective except in the above two cases. This means to an award of the Collector or Court or to any order passed by the High Court or Supreme Court in appeal between 30-4-1982and24-9-1984 the provisions of section 23(1-A) shall not apply.The landowner shall not get the additional amount of 12 percent even though his case was decided between 30-4-1982 and24-9-1984 unless his case falls within section 30(1)(a) or (b).

(12) Counsel for the land owners submits that the appellants are entitled to solarium on this additional amount of 12per cent per annum which we have awarded them above. In our opinion, the land owners are not entitled to solarium on this additional amount. Under section 23(2) as amended solarium is payable on the 'market value of the land'. The question is whether the additional amount of 12 per cent per annum provided in sub-section (I-A) of section 23 forms part of the market value or not. If it is a part of this market valuethen, of course, the land owners are entitled to solarium. But if not, then solarium cannot be awarded on the additional amount of 12 per cent per annum.

(13) In our opinion the additional amount is not a part of the market value. Our reasons are two. In the the first place it is specifically said in sub-section (I-A) of section 23 that 12per cent is 'in addition to the market value of the land'. The same phraseology is used when it speaks of ''12 per cent perineum on such market value'. The market value is determined under the first clause of section 23(1). What sub-section (1-A) says in this. First determine the market value of the land on the date of the publication of the notification under section 4(1) of the Act. Then award an additional amount of 13 per cent perineum on the market value of the land so arrived at by thecourt. Though calculated on the market value 12 per cent does not merge in the market value. It remains outside it. Because it is unrelated to the open market. it is an artificial augmentation of compensation. 12 per cent is a species of compensation.

(14) Secondly in Union of India v. Ram Mehar, : [1973]2SCR720 the Supreme Court held that compensation consists of market value plus solarium. These are two distinctexpressions. The first clause of section 23(1) deals with the market value. Section 23(2) as amended deals with solarium.It says :'In addition to the market value of the land, as aboveprovided, the Court shall in every case award a sum of Thirty per centum on such market value, inconsideration of the compulsory nature of theacquisition.'

(15) The real question is : What is the meaning of the expression 'market value' as used in the first clause- of section23(1). In Ram Mehar the Supreme Court said :'It seems to us that the term 'market value' has acquired ]a definite connotation by judicial decisions. Any addition to the value of the land to the owner whose land is compulsorily acquired which addition is the result of such factors as are unrelated to the open market cannot be regarded as a part of the market value, (p. 309).

(16) Throughout the Act the legislature has maintained a distinction between the 'market value' and 'compensation'.Market value i? the price which a willing vendor might reasonably expect to obtain from a willing purchaser as the Privy Council said in Gajapati Raju v.Rev divi.. Officer (3). The term 'compensation' is the genus of which market value is a species. This is clear from section23 itself which says in sub-section (1) that in determining the amount of compensation to be awarded for land the court shall take into consideration the matters mentioned therein.This distinction is further apparent from sections 17, 25, 28,and 28-A of the Act as amended where again and again the Legislature uses the word 'compensation' in contradistinction to the market value.

(17) thereforee there is a clear distinction between 'market value' and 'compensation'. 'Market value is. thereforee, only one of the components in the determination of the amount of compensation'. (Ram Mehar p. 309).

(18) We cannot hold that 12 per cent forms part of the market value. The additional amount of 12 per cent is a statutory creation. It is a statutory increase. A sort of statutory allowance to the landowner. it is not reared to open market.Nor it is a benefit arising out of 'land' (Section 3-A). The additional amount of 12 per cent is certainly a part of the compensation and the land owner is entitled to interest on this amount also under section 28 of-he Act as amended. But it is in no sense a part of the market value. solarium which is awarded on 'the market value of the land' under section 23(21cannot be awarded on the additional amount of 12 per cent annum. It is an artificial increase in compensation. To boost the compensation the legislature has given an additional amount of 12 per cent. 12 per cent goes to increase the compensation and not the market value. Ram Mehar in our opinion is a complete answer to the 'land owner's claim to solarium 12 per cent.

(19) The truth is that the time, sojourned test of' market value laid down in the Act of 1894 was proving inadequate; in a wading just compensation. By awarding an additional amount of12 per cent per annum on the market value the legislature is trying to cope with a situation complicated by inflation. There ages of inflation reduced the compensation awarded on the old formula of 1894 to a mere pittance.' It had no relation toreality. In 1984 the legislature has awarded an additional amount of 13 per cent per annum and other benefits to bridge the yawning gulf between prices , 20 year; ago when section 4 notification wa.s issued and now when compensation is to be paid after the decision of the reference or appeal. The extra amount of 12 per cent per annum the legislature has given to the land owner to compensate him against the rising prices.This is the avowed policy of the .legislature as declared in the statement of Objects and Reasons appended to the Amendment Act.

(20) The legislature is taking into consideration the chance in the value of money. Over the last fifteen years or so there has been a spectacular decline in in.? purchasing power of therupee. Now 12 per cent is an extra amount in the quantification of total compensation. It is n bounty of the legislature.It is given to reduce the owner's loss of land. If it shows anything it is this. That the law of compensation stood in need of correction and addition by the legislature. To the complaints of the land owners which were growing louder and louder the legislature, gave a sympathetic ear. With a view to increase the compensation the Amendment Act was passed. The Amendment Act gives more money to the expropriated owner.The object is to alleviate his pain and suffering which compulsory acquisition inflicts upon him.

(21) Market value is the primary measure of compensation.Market is a real thing. People buy and sell in the market.Prices in the market rise and fall according to the law of demand and supply. In the market place ''money talks'. The solution is not to be arrived at by the court holding an imaginary auction.So the legislature in the Amendment Act has left the concept of market value untouched. It has not distorted it. What it has done is this. It has pushed up the compensation by awarding more solarium, higher rates of interest, and an artificial addition of a fixed numerical figure. These three are components of compensation.

(22) We, thereforee, hold that the land owners are not entitled to solarium of 30 per cent on the additional amount of 12 percent par annum because it forms no part of the market value.

(23) Now we come to interest. The Amendment Act has provided for interest in section 28 as amended. The amended section reads as under :'Collector may be directed to pay interest on excess compensation If the sum which, in the opinion of the Court,the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation title award of tho Court may direct that the Collector shall pay interest on such excess at the rate of nine per centum perineum from the date on which lie took possession of the land to the data of payment of such excess into Court.Provided that the award of the Court may also direct that where such excess or any part there of is paid into court after the date of expiry of a period of one year from the date on which possession is taken interest at the rate of fifteen percentum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Court before the date of such expiry.'

(24) A plain reading of the section shows that the landowners are entitled to 9 per cent per annum interest from the date on which the Collector took possession of the land to the date of payment.

(25) There was a considerable debate before us with regard to the proviso. The proviso says that the award of the court may also direct that where such excess compensation is paid into Court after the date of expiry of a period of one year from the dale on which possession is taken, interest at the rate of15 per cent per annum shall be payable by the Collector from the date of taking possession till payment. The main controversy is whether section 28 is retrospective or prospective. By section 30(2) of the Amendment Act this provision has been clearly made retrospective. The legislature has imported afiction. It is a deeming provision. Section 30 we have quoted in an earlier part of this judgment.

(26) On a reading of section 30(2) t)f the Amendment Act it is clear to us that section 28 as amended is retrospective in character and would also be applicable to case.in which (1)the award is made by the Collector, or (2) by the Court of the district judge, or (3) to any order passed by .the High Court,or (4) Supreme Court after 30-4-1982 when the Amendment Bill was introduced in the House of the People and before.thecommencement of the Amendment Act, that is, 24-9-1984.These are two cut-off dates. If there is an award by the Collector or any enhancement ordered either by the district court.or the High Court or the Supreme Court the amended provisions of section 28 shall apply provided the case falls within these two cut-off dates. To that limited extent it is retrospective. Otherwise it is prospective. Generally laws are intended to be prospective only. To alleviate harsh ami unfair consequences of past transactions the statutes are sonic times made retrospective without injury to vested rights. The retrospective operation is mainly curative.

(27) Counsel for the Union of India says that this interpretation is not correct because it will make the proviso to the amended section 28 wholly unworkable. This argument is based on a misconception that the Collector is being asked to pay interest at the rate of 15 per cent even though the excess compensation was not known to him. And if the excess compensation is not known to him, so runs the arguments, how can he deposit the excess within one year from the date of taking possession. It is said that the proviso is penal in nature and thereforee it ought not to be enforced. We do not agree with thissubmission.

(28) The wordings of the section, are clear. The theory of section 28 is that the excess compensation awarded by the district court or the High Court or the Supreme Court is infact a sum which the Collector 'ought to have awarded as compensation' and as such was payable at the date of the taking of the possession. Though determined in future by the courts the 'excess compensation' relates back to the date of taking possession of the owner's land. And it ought to be so.The Government cannot take the land as well as keep compensation with it. The taker of the land must pay interest on compensation for the delay. thereforee the legislature has gone lot he aid of the land owner and has made its intention quite clear by opening the section with the words : if the sum which inthe opinion of the court the collector ought to have awarded ascompensation is in excess of the sum which the Collector did ward as compensation'. thereforee if there is an excess between the amount awarded by the Collector and as determined by the Court on reference under section 18 or on appeal by the High Court or on a further appeal by the Supreme Court, then such excess compensation shall carry interest not from the date when the excess is determined but from the date the Collector took possession of the owner's land. That interest is 9 percent for the first year. After the expiry of the first year it is15 per cent till the date of payment.

(29) We do not agree that the section is penal. The object is to pay just compensation to the land owner. This again is stated clearly in the Objects and Reasons. It is stated there that the compensation hitherto paid to the land owners was 'unrealistic and inequitous'. To compensate the land owner the interest rate has been increased in the first instance from per cent to 9 per cent and in the second place to 15 per cent after the expiry of one year from the date of the taking ofpossession.

(30) Nor do we agree that the section is unworkable. We do not think that it is because of his default that the Collector is being asked to pay 15 per cent interest. He is being asked to pay 15 percent because from the 'ought' figure of compensation the land owner was kept out for so long.

(31) It is obvious that there will always be a lap.-ie of time between the taking of possession of the land and the payment of compensation. Frequently the land owner will have to wait for a considerable time until Just compensation is determined and paid. What the landowner has thereforee lost by the late receipt of the compensation, 'excess' as it is called, is only that element of modern interest rates which truly represent the 'use value' of money. These years of delay are truly years of deprivation when the land owner was kept out of land and out of compensation money.

(32) Though section 28 uses the word 'may' both in the main section and the proviso, it is mandatory It means Mall'.Sometimes the legislature uses the word 'may' out of' deference to the high status of the authority on whom the , and the obligation are intended to be conferred and imposed (State ofU.P. v. Joginder Singh, : (1963)IILLJ444SC ) (See also Cellector v. Habib-Ullah-Din Air 1967 J & K 44 (S).Therefore the rates of interest, namely, 9 per cent and 15 percent per annum, are compulsory for the court to award. In1894 when the Act was passed the rate of interest was 6 percent per annum. In 1984 when the Amendment Act. was passed the legislature has given power to the Collector and theCourt to award 9 per cent per an nun for one year ana 15 percent per annum thereafter till payment. (See section 34 asamended). The span of time remains the same. But now,under the amended law, it is broken into two parts : ( 1) for one year from the date of dispossession - per cent per annum.(2) After the expiry of one year 15 per cent per annum tillpayment. To maintain the symmetry of the section tile modern draftsman has added a proviso to the old section Out of respect to the Court he has used the same word 'may' in the proviso as was done in the main section of 1894. The principles are the same but the measuring rods are Different. We are now given a new set of set squares and foot rules to measurecompensation.

(33) Throughout the Amendment Act, whether it is section23 or section 28 or section 34, one thing is conspicuous. The legistature is conscious that the expropriated owner has had a rough deal. He was being paid less compensation. He should have more, the legislature felt. A repentant legislature, spurred into activity, is trying to be just. It is giving with both hands.To those who had less more shall be given. This is the pit hand substance of the Amendment Act. As is slated in the Objects and Reasons when the individual's land is taken he is very often deprived of his means of livelihood. He can well says :'You take my life when you do take the means whereby I live'(Shakespeare Merchant of Venice IV. (i). Compulsory acquisition inflects pain and suffering, as the Objects say. The Amendment Act is the product of the felt necessity 'to restructure the legislative framework for acquisition of land'. It has righted the wrong of 'unrealistic; scale of compensation' by making three substantial changes. One 30 per cent solarium place of 15 per cent. Second by awarding an additional amount of 12 per cent p.a. on the market value. Third by increasing the rate of interest from 6 per cent to 9 per cent and15 per cent p.a.

(34) The Government counsel opposed the demands of the land owners under the Amendment Act. We cannot appreciate the Government stand. The executive cannot deny to the expropriated ]owners what the legislature has given in the Amendment Act, even though it may mean a heavy burden en the Consolidated Fund of India. Those who are guardians of the public purse have decided to give more. Why grudge them just compensation when the legislature has done away with 'unrealistic and iniquitous' compensation. The Objects state that the individual who is deprived of his property rights in land need to be adequately compensated for the loss keeping in view the sacrifice he makes for the larger interests of community. As the Supreme Court has said that community has no right to enrich itself by deliberately taking away the property of any of its members without providing adequate compensation for it. (Ram Mehar(supra) at p. 309).

(35) At the end we make) it clear that the land owners will also be entitled to 30 per cent on account of solarium on the market value as determined by the Collector and the additional district judge on reference. This means that there shall be a further payment of 15 per cent per annum on account of solarium because 15 per cent has already bee' paid to them under the orders of the Collector and the Additional District Judge.

(36) Counsel claims that the land owners are also envied to interest under the amended section 28 on the sum enhanced by the Additional District Judge. This prevention is oprosed by the counsel for the Union of India, So we. must turn to 'section 28 once again to see whether the claim is correct or not.We have quoted this section above. The important words of the section are : 'If the sum which, in the opinion of the Court,the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation', the court may direct the Collector to pay interest at the rate of 9 per cent for the period of one year from the date of taking possession and thereafter at the rate of 15 per cent tillpayment.

(37) In plain language it means this. Anything over and above the Collector's award is 'excess compensation'. The theory underlying section 28 is evident from the opening words we have quoted. Interest has to be awarded on 'excess compensation'. How do we find the excess The formula is this.See what is given by the Collector. Then see what is given by the Courts on reference and appeal. The difference of these two figures is the 'excess compensation'. The critical words of the section are 'ought' and 'did'. In short the excess is the difference of 'ought' and 'did'. What the Collector 'ought to have awarded as compensation' and what he 'did award as compensation' are the two figures with which section 28 is concerned.Find out what is the difference between 'ought' and 'did'. You get the excess. The ethical 'ought' legally expresses the amount of compensation to which the land owner is finally found to beentitled on reference or appeal. This determination takes years,it is true. The judicial process is tardy and time consuming. The'is why there is always a gap between what the Collector did award and what he ought to have awarded.

(38) Market value can be only one. It is determined by the Collector in the first instance and redetermined by the Courts on reference and appeals. The old section 25 has been abrogated.The amended section '25 says : 'The amount of compensation awarded by the Court shall not be less than amount awarded by the Collector under section II'. This will rarely happen.So virtually there is now no limitation on the Court's power to award adequate compensation. The restrictions of old section25 have been abolished. Case law on old section 25 is now obsolete and can be safely consigned to the legal waste paperbasket.

(39) If the Collector, for example, gives Rs. 5.00 per sq. yard and by way of enhancement, whether it is by the district judge'scourt or by this court or by the Supreme Court, the land owner is awarded Rs. 15.00 per sq. yard then obviously the excess isRs. 10.00 per sq. yard. The section is quite clear. It says :Give to the land owner interest on the excess compensation This excess of Rs. 16.00 will carry interest in terms of the amended section 28.

(40) Now prior to the Amendment Act the Court of The additional District Judge had awarded to the land owners interest at the rate of 6 per cent per annum as was the law inforce at that time. Now the land owners will be entitled to 9percent per annum and 15 per cent per annum in terms of The Amendment on the excess compensation awarded by the Additional District Judge. So we hold the interest which he has alreadyawarded, namely 6 per cent per annum will be deducted and the balance shall be paid.

(41) The land owners also claim interest under section 4(3)of the Land Acquisition (Amendment and Validation) Act, 1967.We find that there is a difference of more than 3 years between section 4 notification (13-11-1959) and section 6 declaration(22-11-1962) of the Act. The laud owners shall thereforee be entitled to interest at the rate of 6 per cent per annum on the market value provided there is no overlapping between section 28of the Act and section 4(3) of the Amendment Act, 1967. We are of opinion that the land owners shall be entitled to interest under the Amendment Act of 1967 also because the Amendment Act of 1967 has not been repealed by the Amendment Act of1984.

(42) The appellants will be entitled to proportionate costs.Conclusion

(43) In conclusion we make the following order :__

1.The appellants will be entitled to the market value of the land at the rate of Rs. 15,000.00 per bigha for their land in blocksA, B and C and at the rate of Rs. 8000.00 per bigha for the landing Khasra No. 613/572/206. In Appeal No. 113/68 the total amount of the market value will in no case exceedRs. 3.65,217.39 p. In Appeal No. 134/68 the total amount of the market value will not exceed Rs. 33 000'

--- *** --- 2.Besides this market value the appellants will be entitled to an additional amount calculated at the rate of 12 per cent perineum from the date of notification under see. 4, that is,13-11-1959, the date of the award, that is, 30-3-1963 on then I ire market value, that is, the market value as assessed by the Collector and increased by the Additional District Judge and further increased now by this court.

3.The appellants will also be entitled to solarium at the rate of 30 per cent on the market value as determined under clause(1) above.

4.The appellants will also be entitled to interest at the rate of 9 per cent per annum from the date of dispossession till the expiry of one year from that date and thereafter till the date of payment at 15 per cent per annum on the amount enhanced by the Additional District Judge and this court.

5.The appellants will also be entitled to interest under section 4(3) of the Land Acquisition (Amendment and Validation) Act, 1967 at the rate of 6 per cent per annum on the market value provided there is no overlapping between section28 of the Act and section 4(3) of the Amendment Act, 1967.

6.Whatever leas already been paid on account of market value, interest and solarium shall be deducted.

7.The appellants will be entitled to proportionate costs.


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