RAVI PRAKASH SHARMA Vs. STATE OF U.P.& ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 9337 of 2016, Judgment Date: Sep 19, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.9337 /2016
                   (Arising out of S.L.P. (Civil) No.34693/2012)


  RAVI PRAKASH SHARMA                           APPELLANT(s)

                                VERSUS

  STATE OF U.P.& ORS.                          RESPONDENT(s)

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

            Leave granted.
      2.    The appellant has  moved  this  Court  for  enhancement  of  the
compensation of the subject land which was at the rate of   Rs.7,840/-   per
bigha with 30 per cent solatium and interest at the rate as awarded  by  the
Reference Court.
3.    As far as the claim for enhancement is  concerned,  we  find  that  in
similar cases, the value fixed and which has attained finality  before  this
Court, is less than that is awarded to the  appellant  in  the  High  Court.
Therefore, the appellant is not entitled for any further enhancement of  the
land value.


4.    The interest awarded by the Reference Court is at the rate of  12  per
cent annum on the enhanced  compensation.  Under  Section  28  of  the  Land
Acquisition Act, 1894, appellant is entitled to interest at the  rate  of  9
per cent per annum on the enhanced compensation from the date of  which  the
collector took possession of the  land,  for  a  period  of  one  year,  and
thereafter, at the rate  of  15  per  cent  per  annum,  till  the  date  of
payment/deposit the court.
5.    The judgment in appeal is hence partly modified. The  appellant  shall
be entitled to interest at the rate of 9 per cent per annum on the  enhanced
compensation, which includes 12 per cent per annum  additional  compensation
and solatium, for a period of one year from the date of  dispossession,  and
thereafter, at the  rate  of  15  per  cent  per  annum  till  the  date  of
payment/deposit in the Court.
6.    The Civil Appeal is disposed of as above. There shall be no  order  as
to costs.

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

                                                  .....................J.
                                               [ROHINTON FALI NARIMAN]

NEW DELHI;
SEPTEMBER 19, 2016