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1995 Supreme(SC) 423

B.L.HANSARIA, KULDIP SINGH, R.M.SAHAI
Mirfazeelathhussain – Appellant
Versus
Special Deputy Collector, Land Acquisition, Hyderabad – Respondent


Advocates:
D.PRAKASH REDDY, K.Madhava Reddy, NIKHIL NAYAR, S.Markandaya, T.V.S.N.Chari

ORDER

Hansaria, J.

1. A land acquisition proceeding which was initiated by issuing nolification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) on 25-4-1963 has brought the appellants fo 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.. 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 legislaturein enhancing the rate of interest is kept in view. Punchhi, J., however, was of the opinion that awarding of enhanced rate on












































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