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2009 Supreme(SC) 355

TARUN CHATTERJEE, V.S.SIRPURKAR
C. R. Nagaraja Shetty – Appellant
Versus
Special Land Acquisition Officer and Estate Officer – Respondent


Advocates appeared:
For the Appellant :S.N. Bhat, Advocate.
For the Respondents:Anitha Shenoy, Rashmi Nanadakumar, Vikas Goel, R.N. Sharma, K.C. Dua, Advocates.

JUDGMENT

V.S. Sirpurkar, J.—

1. Leave granted.

2. The present appeal has a slightly chequered history. Land acquisition proceedings were initiated in respect of the land, bearing Survey No. 4 of Beratana Agrahara Village, Begur Hobli, Bangalore South Taluk, measuring 35 guntas, belonging to the appellant. Section 4 Notification dated 29.11.1990 was published on 20.12.1990. After Section 5-A enquiry, declaration under Section 6 of the Land Acquisition Act (hereinafter referred to as ‘the Act’) was published on 18.6.1992. In the award proceedings dated 9.12.1994, the compensation was determined at Rs.10/- per square feet. An application for enhancement under Section 18 of the Act was filed by the appellant and Reference Court partly allowed the Reference and enhanced the compensation to Rs.27.50 per square feet. The appellant was also held to be entitled to solatium at 30% of the market value and for additional amount at 12% p.a. under Section 23(1-A) of the Act. The Reference Court accepted that this was non-agricultural land and was situated adjacent to the Highway and thus, it had potential for being used for commercial purpose. The public purpose for which the land was acquired,









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