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1995 Supreme(SC) 865

B.L.HANSARIA, K.RAMASWAMY
State Of H. P. – Appellant
Versus
Dharam Das – Respondent


Advocates:
Himinder Lal, NARESH K.SHARMA

( 1 ) - Leave granted.

( 2 ) THOUGH notice has been served on the respondent on 23/05/1995 none is appearing either through counsel or in person. Notification under Section 4 (1) of the Land Acquisition Act. 1894 (for short,the Act) was published on 27/02/1986, and the Collector passed the award on 29/03/1987. Dissatisfied therewith, the respondent had filed C. W. P. No. 125/86 and the High Court by its order dated 23/07/1986 held that :

"on the amount of compensation paybable to the petitioner in respect of land, interest at the rate of 12 per cent. per annum shall be paid from the date of the taking over of possession till the date payment of interim compensation and of final compensation, if there is enhancement. The interest payable accordingly is in the nature of an equitable compensation and such interest will be in addition to the compensation, solatium and interest at the statutory rate which will be paid to the petitioner under the law in respect of land, whether awarded by the Collector or enhanced by the Court, and such interest will not be taken into consideration in any proceeding under the Act while awarding the statutory compensation. "

FOLLOWING the direction the awar






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