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1989 Supreme(Ker) 166

SABYASACHI MUKHARJEE, RANGANATH MISRA, VENKATARAMIAH, PATHAK, NATARAJAN
Union of India – Appellant
Versus
Raghubir Singh – Respondent


Judgment :-

1. the question of law referred to us for decision in these cases is:

"Whether under the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 1984 the claimants are entitled to solatium at 30 per cent of the market value irrespective of the dates on which the acquisition proceedings were initiated or the dates on which the award had been passed"?

2. It would suffice if we briefly refer to the facts in the Civil appeals arising out of Special Leave Petitions Nos.8194-8195 of 1985: Union of India & another v. Raghbir Singh.

3. The land belonging to the respondents in village Dhaka was taken by compulsory acquisition initiated by a notification under S.4 of the Land Acquisition Act, 1894 issued on 13 November, 1959. The award with regard to compensation was made by the Collector on 30 March, 1963. A reference under S.18 of the Act was disposed of by the Additional district judge on 10 June, 1968. He enhanced the compensation. The respondents preferred an appeal to the High court claiming further compensation. During the pendency of the appeal the Land Acquisition (Amendment) Bill 1982 was introduced in Parliament on 30 April, 1982, and became law as




























































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