Patni Hushenbhai Sidibhai Kotvala (Deceased) Thr. LRS & Ors. vs National Highways Authority of India
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5150-5151/2018 (ARISING FROM SLP (C) NOS.4696-4697/2018)
PATNI HUSHENBHAI SIDIBHAI KOTVALA (DECEASED) THR. LRS & ORS. APPELLANT(S)
VERSUS
NATIONAL HIGHWAYS AUTHORITY OF INDIA RESPONDENT(S)
WITH
C.A. NOS. 5152-5153/2018 @ SLP(C) Nos. 7318-7319/2018
C.A. NOS. 5154-5155/2018 @ SLP(C) Nos. 7321-7322/2018
KURIAN, J.
Leave granted.
2. The issue raised in these appeals pertains to the
claim for enhancement of compensation. Similar and
connected matters came up for consideration before
this Court, out of the same impugned judgment leading
to the judgment dated 14.11.2017 passed in C.A. PRAKASH SHARMA No.18744-18745/2017 and batch. The appeals were
disposed of with the following directions:-
1 (i) The compensation in respect of the land acquired from the appellants shall be worked out only on the basis of the calculation based on the return from the fruit-bearing trees, as calculated by the Reference Court.
(ii) On the compensation thus calculated, the appellants shall be entitled to additional compensation and solatium.
(iii) The appellants shall also be entitled to interest under Section 28 of the Land Acquisition Act, 1984 on the entire compensation thus worked out in terms of para (i) and (ii) above.
(iv) Learned counsel appearing for the Respondent/National Highway Authority of India points out that the appellants have already received compensation on the basis of the calculation based on land value.
(v) We make it clear that in case any of the appellants have received any compensation on the basis of the calculation based on land value, the amount shall be adjusted from the date of receipt along with 15% interest thereon, while granting the compensation. We further make it clear that in case the compensation awarded is deposited in Court, there shall be no adjustment of interest.
(vi) Needless to say that compensation necessarily includes solatium and interest on the amount.
3. These appeals are also disposed of in terms of
the reliefs, as extracted above.
2 4. Pending applications, if any, shall stand
disposed of.
5. There shall be no orders as to costs.
.......................J. [KURIAN JOSEPH]
........................J. [MOHAN M. SHANTANAGOUDAR] NEW DELHI;
MAY 14, 2018.
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