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1996 Supreme(SC) 1217

G.B.PATTANAIK, K.RAMASWAMY
State Of Bihar – Appellant
Versus
Madheshwar Prasad – Respondent


ORDER

Leave granted.

Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short the Act ) was published on September 16, 1981 acquiring 3 acres 17 decimals of land for Suvarnarekha Project. The Land Acquisition Officer by his award dated September 3, 1985 granted compensation at Rs. 14,445 per acre. On reference, the Subordinate Judge enhanced it to Rs. 15,055/- per acre. Both the State as well as the claimants filed the appeals in the High Court. The High Court in the impugned judgment in FA No. 105 and 93 of 1987 dated June 1, 1993 enhanced the compensation to Rs. 45,000/- per acre treating the acquired land in Don-1 as cultivable land. It also granted Rs. 20,000 towards the well and statutory solatium and interest. Thus, these appeals by special leave.

2. The question that arises for consideration is : whether the High Court was justified in enhancing the compensation to Rs. 45,000 per acre ? The High Court has relied upon the sale deed Ext. 3/A dated March 16, 1981 pertaining to lead of an extent of 25 decimals of Don-II lands and 14 decimals of Don-I lands sold for consideration of Rs. 16,000. It also relied upon another sale deed of the year 1983 with value






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