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

J U D G M E N T

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.

No.18744-18745/2017  and  batch.   The  appeals  were

disposed of with the following directions:-

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(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.

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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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