SPECIAL LAND ACQUISITION OFFICER AND ORS.versusMALLANAGOUDA RAYANAGOUDA PATIL AND ORS.

A         SPECIAL LANI> ACQUISITION OFFICER AND ORS.
                               v.
         MALLANAGOUDA RAYANAGOUDA PATIL AND ORS.
                                                                                     ~ -
                                 AUGUST 3, 1995

B            [K. RAMASWAMY AND K.S. PARIPOORNAN, JJ.]

          Land Acquisition Act, 1894 :

          Compensation--Award of-Solatium and interest on enhanced com-
C pensation-Held entitled to since the award was made after the Amendment
    Act 68 of 1984-Was introduced.

          These appeals challenged the order of the Karnataka High Court
    reversing the award and decree of the Reference Court and modifying the
    same to the extent that the claimants will be entitled to compensation @Rs.
D   9,160 per acre for the irrigated land and Rs. 8,680 per acre for dry land,
    as against the Reference Court's award of sum of Rs. 16,950 and Rs. 9,975
    respectively.

          Dismissing the appeals, this Court

           HELD : The batch of appeals has been disposed of by order dated
E
    January 27, 1995 granting solatium at 15 percent and interest at 6 per cent
    on the enhanced compensation from the date of taking possession till date
    ofpayment or deposit, whichever is earlier. In these cases, since the award
    of the Reference Court itself is of October 23, 1982, i.e. after the Amendment
    Act was introduced, the respondents are entitled to the benefits of the
F   enhanced solatium and interest as granted by the High Court. [495-C-D]

          CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 7402-
                                                                                      -4
    7408 of 1995.

          From the Judgment and Order dated 11.12.85 of the Karnataka High
G Court in M.F.A.Nos. 1240, 1241, 1244-48/83.
          M. Veerappa for the Appellant.

          The following Order of the Court was delivered :

H         Leave granted.
                                         494
            SPL. LAND ACQUISITION OFFICER v. M.R. PATIL                 495

        The High Court of Karnataka in the impugned order reversed the A
award and decree of the Reference Court and modified the same to the
extent that the claimants will be entitled to compensation @Rs. 9,160 per
acre for the irrigated land and Rs. 8,680 per acre for dry land, as against
the Reference Court's award of sum of Rs. 16,950 and Rs. 9,975 respec-
tively, when the matter had come up for admission, since a batch of the
                                                                             B
matters was then pending, notice wa:s ordered in these matters also and
the same was directed to be tagged with them. Since the batch has been
disposed of by order dated January 27, 1995 in C.A. arising out of SLP (C)
Nos. 11963-70/96, this Court while affirming the compensation awarded by
the High Court modified the judgment and decree to the extent of award-
ing benefits of enhanced solatium and interest under the Amendm~nt Act         c
68 of 1984. The Court instead granted solatium at 15 per cent and interest
at 6 per cent on the enhanced compensation from the date of taking
possession till dated of payment or deposit, whichever is earlier. In these
cases, since the award of the Reference Court itself is of October 23, 1982,
i.e., after the Amendment Act was introduced, the respondents are entitled D
to the benefits of the enhanced solatium and interest as granted by the
High Court.

       The appeals are accordingly dismissed. No costs.

G.N.                                                      Appeals dismissed.