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2005 DIGILAW 138 (SC)

Koli Nanji Bhuta v. State of Gujarat

2005-01-20

K.G.BALAKRISHNAN, TARUN CHATTERJEE

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ORDER : Tarun Chatterjee, J. Leave granted. 2. We have heard the counsel for the appellant and counsel for the respondent State. 3. The land belonging to the appellant was acquired by the Government for public purposes. At the instance of the appellant, there was a reference and the Reference Court passed an award on 12-3-1980 awarding compensation of Rs 80,937.50 towards land value i.e. at the rate of Rs 125 per are. By the award the appellant was also paid interest at the rate of 6% per annum from the date of reference till realisation. 4. Aggrieved by the same, the appellant preferred the appeal before the High Court for enhanced compensation being First Appeal No. 1183 of 1983. The appellant also filed an application for amendment of his claim as in the original claim he had only set forth the claim at the rate of Rs 125 per are whereas in the amendment application he prayed for an amount of Rs 660 per are. Amendment application was allowed and thereafter by the impugned judgment the High Court declared that the appellant was entitled to get a total compensation of Rs 3,65,837. It was further held that the appellant was entitled to solatium under Section 23(2) of the Land Acquisition Act @ 15% and interest @ 12% from the date of amendment application i.e. 29-11-2001 till realisation. The denial of interest from the date of award is challenged before us. 5. Counsel for the appellant submitted that the claimant appellant was entitled to get interest for enhanced compensation from the date of the award. Counsel for the respondent submitted that the appeal itself was filed belatedly and the amendment application was filed later and therefore the appellant was not entitled to get interest for the enhanced compensation. 6. We find no force in the contention of the counsel for the respondent. The appellant was entitled to get interest for the enhanced compensation from the date of the award till realisation as the quantum of compensation fixed by the High Court was really the value of land due to him. We direct the respondent to pay interest @ 6% per annum for the enhanced compensation granted by the High Court from 12-3-1980 i.e. from the date of the award till realisation. If any interest for this enhanced compensation has already been paid, the same shall be adjusted. 7. We direct the respondent to pay interest @ 6% per annum for the enhanced compensation granted by the High Court from 12-3-1980 i.e. from the date of the award till realisation. If any interest for this enhanced compensation has already been paid, the same shall be adjusted. 7. The appeal is disposed of accordingly.