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1976 Supreme(SC) 354

JASWANT SINGH, N.L.UNTWALIA, H.R.KHANNA
Gopal Das – Appellant
Versus
Collector Of Varanasi – Respondent


Judgment

KHANNA, J.:- This is an appeal of the Allahabad High Court whereby the High Court in a land acquisition case enhanced the amount of compensation payable to the appellant from Rs. 19,906/8/- to Rupees 45,000/- besides solatium and interest.

2. According to the appellant, he purchased land measuring 2.58 acres, situated in Varanasi city for Rs. 45,000/- as per sale deed, Ex. 22 dated March 11, 1945. Notification under Section 4 of the Land Acquisition Act for acquiring the land in question for Kashi Vidya Pith was issued on June 17, 1947. The Collector as per his award dated November 7, 1949 determined the amount of compensation payable to the appellant to be Rs. 19,906/8 annas. On reference made to the District Judge, the learned District Judge agreed with the Collector regarding the amount of compensation payable to the appellant for the land in question. The appellant then went up in appeal to the High Court against the award of the District Judge. The High Court in appeal, as already mentioned, enhanced the amount of compensation to Rs. 45,000/- besides solatium of 15 per cent and interest at the rate of six per cent per annum.

3. We have heard Mr. Maheshwari on behalf of



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