NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.18744-18745 OF 2017 [@ SPECIAL LEAVE PETITION (C) NOS. 32180-32181 OF 2016]

ISMAIL HUSHEN GHANCHI PETITIONER(S)

                               VERSUS

NATIONAL HIGHWAYS AUTHORITY OF INDIA RESPONDENT(S) WITH

C.A. NO.18746/2017 @ SLP(C) NO. 18269/2017  C.A. NO.18749/2017 @ SLP(C) NO. 18789/2017 C.A. NO.18750/2017 @ SLP(C) NO. 18790/2017 C.A. NO.18747/2017 @ SLP(C) NO. 18547/2017 C.A. NO.18748/2017 @ SLP(C) NO. 18549/2017 C.A. NO.18751/2017 @ SLP(C) NO. 21374/2017

C.A. NOS.18752-18753/2017 @ SLP(C) NOS.31295-31296/2017 @  DIARY NO(S). 23978/2017

J U D G M E N T KURIAN, J.

Delay condoned. 2. Issue  notice  to  Respondent  No.1  in  Diary No.23978/2017.   Notice  need  not  be  issued  to Respondent No.2, being a proforma respondent. 3. Ms. Jaikriti S. Jadeja, learned counsel, appears and  accepts  notice  for  Respondent  No.1  in  Diary No.23978/2017. 4. Leave granted. 5. The appellants are before this Court aggrieved by

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the  award  of  compensation  in  respect  of  the  land acquired along with the fruit-bearing trees.  In the High Court, purportedly on the basis of a submission made  by  the  learned  counsel,  the  land  value,  as enhanced by the Reference Court, was sustained but the compensation in respect of the trees was reduced to 20%.  According to the learned counsel for the appellants, it should have been reduced only by 20% and that was what had been submitted. Be that as it may, as an attempt for review also was in vain, we do not want to send back the matters to the High Court. 6. When the matters came up before this Court on 7.11.2017, this Court passed the following order:-

“In a petition of compensation for the acquisition  of  land,  the  Award  can  be passed either on the basis of the income one would earn from the fruit bearing trees or on the basis of the market value of the land plus the value of the crops of that particular year.   

In view of the extent of  land of some of the petitioners herein being very small, learned counsel for the petitioners submits that he may be given some time to ascertain whether  the  petitioners  would  like  to choose the calculation based on the income from the trees.

List on 14.11.2017 as first item.”

7. Learned  counsel  for  the  appellants,  on instruction, submits that since the holding is very small and since the people have been dependent on the income from the fruit-bearing trees they would go by the  calculation  on  the  basis  of  income  from  the

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fruit-bearing trees. 8. The above submission is recorded. 9. Accordingly,  these  appeals  are  disposed  of  as follows:

(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.

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10. Pending  applications,  if  any,  shall  stand disposed of. 11. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; NOVEMBER 14, 2017.

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