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1993 Supreme(SC) 444

R.M.SAHAI, K.RAMASWAMY
Inder Singh – Appellant
Versus
Union Of India – Respondent


Advocates:
D.V.Sehgal, G.K.BANSAL, L.R.SINGH, RANJIT GHOSAL, YUNUS MALIK

JUDGMENT

K. RAMASWAMY, J.—By notification published in the Haryana State Gazette on October 12, 1976, under Section 4(1) of Land Acquisition Act 1 of 1894 for short the Act, the respondent Union territory of Chandigarh acquired a total extent of 70.09 acres of land situated in Manimajra near Chandigarh for a public purpose, namely, to set up Brick Kilns therein. The lands comprised in different Khasra numbers within H.B. No. 375, out of which 63.09 acres are Abi cultivated lands, the rest are Barani (rainfed land) and, Ghair Mumkin (waste land) boulders, trenches etc. By award dated January 11, 1977, the Collector fixed a sum of Rs 23,600 as market value of Abi, Rs 17,000 per acre to Barani and Rs 12,000 to Ghair Mumkin lands. On reference under Section 18, the civil court enhanced the compensation to Rs 33,600 per acre to Abi lands and no enhancement to other categories with solatium at 15 per cent and interest at 6 per cent per annum on the enhanced compensation from the date of taking possession till date of payment. On appeal the learned Single Judge in R.F.A. No. 2605 of 1980 etc. by judgment dated August 18, 1981 confirmed the same. Thus these appeals by special leave. As com





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