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1992 Supreme(SC) 421

N.M.KASLIWAL, M.M.PUNCHHI
Mir Fazeelath Hussain – Appellant
Versus
Special Deputy Collector, Land Acquisition, Hyderabad – Respondent


Advocates:
C.SITARAMIAH, CHITRA MARKANDEYA, G.SESHAGIRI, K.Madhava Reddy, K.P.REDDY, K.RAMAKRISHNA REDDY, Manjula Gupta, RENU GEORGE GUPTA, S.Markandaya, T.V.S.N.Chari

JUDGMENT

HANSARIA, J. :—A land acquisition proceeding which was initiated by issuing notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) on 25-4-1963 has brought the appellants to this Court as they have felt dissatisfied with the fixation of a market value by the Andhra Pradesh High Court, which granted compensation on belt-wise basis. The appeal came up for hearing before a two-Judge bench and by judgments dated May 15, 1992 the appeal came to be allowed in part as indicated in the judgments. The two learned Judges, however, differed on the question as to whether the appellants are entitled to interest as enhanced by Section 18 of the Land Acquisition (Amendment) Act, 1984 (for short,"the Amendment Act"). Kasliwal, J. took the view that despite what has been held by the Constitution Bench in the case of Union of India v. Raghubir Singh, (1989) 2 SCC 754, enhanced rate of interest as visualised in the Amendment Act would be available to the appellants on a harmonious reading of the provisions, if the intention of the legislature in enhancing the rate of interest is kept in view. Punchhi, J., however, was of the opinion that awardi















































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