Patni Hushenbhai Sidibhai Kotvala (Deceased) Thr. LRS & Ors. vs National Highways Authority of India
- Neutral2018 INSC 511
Ratio decidendi
The rule this decision rests on
Where land compensation in an acquisition case has been calculated on different bases (land value versus return from fruit-bearing trees), and the claimant has already received compensation on one basis, the compensation shall be recalculated on the alternative basis (return from fruit-bearing trees), and any amount previously received shall be adjusted from the date of receipt with 15% interest thereon applied to that adjustment, unless the compensation has been deposited in court in which case no adjustment of interest shall be made. Compensation for acquired land that includes fruit-bearing trees shall be determined by calculating the return from those trees as assessed by the Reference Court, and the claimant shall additionally be entitled to statutory solatium and interest under Section 28 of the Land Acquisition Act, 1894 on the entire compensation thus determined.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5150-5151/2018 (ARISING FROM SLP (C) NOS.4696-4697/2018)
PATNI HUSHENBHAI SIDIBHAI KOTVALA (DECEASED) THR. LRS & ORS. APPELLANT(S)
VERSUS
NATIONAL HIGHWAYS AUTHORITY OF INDIA RESPONDENT(S)
WITH
C.A. NOS. 5152-5153/2018 @ SLP(C) Nos. 7318-7319/2018
C.A. NOS. 5154-5155/2018 @ SLP(C) Nos. 7321-7322/2018
J U D G M E N T
KURIAN, J.
Leave granted.
2. The issue raised in these appeals pertains to the
claim for enhancement of compensation. Similar and
connected matters came up for consideration before
this Court, out of the same impugned judgment leading
to the judgment dated 14.11.2017 passed in C.A. Signature Not Verified Digitally signed by OM PRAKASH SHARMA Date: 2018.05.15 18:11:40 IST No.18744-18745/2017 and batch. The appeals were Reason:
disposed of with the following directions:-
1 (i) The compensation in respect of the land acquired from the appellants shall be worked out only on the basis of the calculation based on the return from the fruit-bearing trees, as calculated by the Reference Court.
(ii) On the compensation thus calculated, the appellants shall be entitled to additional compensation and solatium.
(iii) The appellants shall also be entitled to interest under Section 28 of the Land Acquisition Act, 1984 on the entire compensation thus worked out in terms of para (i) and (ii) above.
(iv) Learned counsel appearing for the Respondent/National Highway Authority of India points out that the appellants have already received compensation on the basis of the calculation based on land value.
(v) We make it clear that in case any of the appellants have received any compensation on the basis of the calculation based on land value, the amount shall be adjusted from the date of receipt along with 15% interest thereon, while granting the compensation. We further make it clear that in case the compensation awarded is deposited in Court, there shall be no adjustment of interest.
(vi) Needless to say that compensation necessarily includes solatium and interest on the amount.
3. These appeals are also disposed of in terms of
the reliefs, as extracted above.
2 4. Pending applications, if any, shall stand
disposed of.
5. There shall be no orders as to costs.
.......................J. [KURIAN JOSEPH]
........................J. [MOHAN M. SHANTANAGOUDAR] NEW DELHI;
MAY 14, 2018.
3
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free