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1996 Supreme(SC) 1057

K.RAMASWAMY, G.B.PATTANAIK
Ujjain Vikas Pradhikaran – Appellant
Versus
Tarachand – Respondent


ORDER

The objection as regards abatement is overruled. Delay in filing the application for substitution is condoned. Abatement is set aside.

Substitution allowed.

Leave granted.

2. We have heard learned counsel on both sides.

3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act ) was published on February 16, 1979. Possession of the land was taken on May 19, 1979. The Land Acquisition Officer awarded compensation by his award under Section 11 on April 21, 1980 @ Rs. 27,500/- per hectare. On reference, the District Judge by his award dated November 10, 1987 enhanced the compensation to Rs. 50,000/- per hectare together with solatium and interest @ 15% and 6% respectively. On appeal, the High Court enhanced the compensation by judgment and decree dated August 26, 1992 in Appeal No. 17/88 and batch to Rs. 1, 25,000/- per hectare which worked out @ Rs. 26,125/- per bigha. The High Court also enhanced the solatium and interest respectively at 30% and 9% from the date of taking possession for one year and 15% thereafter.

4. The first contention raised by Shri A.D. Chitale, learned senior counsel for the appellant is that the respondents having confined thei








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