Civil Appeal No. 1283 of 1981

3rd March, 1989.

Petitioner Counsel: Mr. G. L. Sanghi, Sr. Advocate, Mr. S. K. Mehta, Mr. Dhruv Mehta, Mr. Atul Nanda and Mr. Aman Vachhar, Advocates with him,
Respondent Counsel: Mr. T. S. Krishnamurthy Iyer, Sr. Advocate and Mr. S. K. Gambhir Advocate with him, .

Cases Cited:
AIR 1989 SC 1222 [Para 1]

JUDGMENT

K. N. SAIKIA, J.:-This appeal by special leave is from the Judgment and order dated 7th October, 1980 of the Madhya Pradesh High Court against the award dated 25-11-1972 in Reference No. 1 of 1970. The Compensation Tribunal awarded compensation at rate of Rs. 950 per acre, which worked out at Rs. 12604/-, and 15% solatium for compulsory acquisition which amounted to Rs. 1896.70. The total compensation. therefore, was Rs. 14541.20. The High Court fixed the market value of the entire land at Rs. 9,000/-peracre. For the reasons given in our judgment in Civil Appeal No. 2931 (N) of 1981 (reported in AIR 1989 SC 1222) we enhance the compensation by 1/6th to Rs. 10,500/- per acre. We maintain 15% for compulsory acquisition but raise interest to 9% on the enhanced compensation from today till payment. We leave it open for the appellant to move for higher interest and solatium if entitled by virtue of subsequent pronouncement of this Court, if any.

2. In the result, this appeal is allowed as above. We make no order as to costs.

Appeal Allowed