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2003 Supreme(SC) 1256

S.RAJENDRA BABU, RUMA PAL
Panna Lal Ghosh – Appellant
Versus
Land Acquisition Collector – Respondent


JUDGMENT

Rajendra Babu, J.-Leave granted.

2. The case relates to acquisition of land measuring 3.37 acres in Mouja Pablacheura in Kailashahar, State of Tripura. The notification under Section 4(1) of the Land Acquisition Act, 1894 [hereinafter, the Act ] was issued on 24th December 1968 and on 13th October, 1969, declaration under Section 6 of the Act was published. The Land Acquisition Collector made his award in October 1974 awarding Rs.12,000/- per acre for nal land and Rs.9,000/- per acre for chara land . On 21.10.1974, the appellants filed an application for reference under Section 18 of the Act for enhancement of compensation. On reference, the learned L.A. Judge passed an award enhancing compensation, allowing Rs. 36,000/- per acre and also granted 15% solatium, and interest under Section 23(2) of the Act in 1985.

3. On appeal to the High Court, the claim for enhancement was dismissed. The High Court also denied the appellants benefits under Section 23(2) of the Act by relying on the decision of this Court in K.S. Paripoornan vs. State of Kerala, AIR 1995 SC 1012.

4. Before this Court, the main issues are as follows:

(1) Was the High Court justified in not
















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