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2023 Supreme(Online)(SC) 5142

SURYA KANT, DIPANKAR DATTA, JJ
THE IMPROVEMENT TRUST, BATALA THROUGH ITS CHAIRMAN – Appellant
Versus
KANWAL RAJ PURI & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Joby P. Varghese, AOR, Mr. Rishabh Kapur, Adv.
For the Respondents: Mr. Jayant Mehta, Sr. Adv., Ms. Aakanksha Kaul, Adv., Mr. Rajat, Adv., Mr. Shree Pal Singh, AOR

Table of Content
1. leave granted for appeals. (Para 1)

ORDER

1. Leave granted. 2. The short question that falls for consideration is whether the respondent-land owners are entitled to seek 30% solatium under Section 23(2) of the Land Acquisition Act , 1894 (in short “1894 Act”) on the premise that the expression “market value” will include (a) the amount of compensation as determined under Section 23 (1); (b) as well as ‘the additional market value’ calculated at the rate of 12% per annum under Section 23(1-A) of the 1894 Act. The High Court, in its impugned judgment, has held the answer in affirmative and, thus, concluded as follows: “22. In view of above, it can be seen that the Digitally signed by ARJUN BISHT Date: 2023.10.30 17:11:29 IST Reason:

    Signature Not Verified amount payable under Section 23(1-A) of the 1894 Act is an additional compensation in respect of acquisition and the same has to be reckoned as part of market value of the land so as the amount of solatium under Section 23(2) of the 1894 Act and interest is payable thereon. All these components would come together to satisfy the expression ‘awarded amount’.” 3. This very issue arose
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