TMI Blog2011 (2) TMI 1398X X X X Extracts X X X X X X X X Extracts X X X X ..... tion at the rate of ₹ 6,96,000/- per acre alongwith statutory benefits under Section 23(1A), 23(2) and 28 of the Act. The respondents filed an execution application wherein they claimed additional amount of 12% per annum for the period 11.11.1993 to 16.6.1994 (that is from the date of notification under Section 4(1) of the Act till the date of the award) under Section 23(1A) of the Act, not only on the market value of the land, but also on the solatium amount. The said claim was accepted by the Executing Court by order dated 8.5.2008. The revision filed by the appellant was rejected by the High Court on 4.9.2008. The said revisional order of the High Court is challenged in this appeal by special leave. 3. To find an answer to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land. (1A) In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Explanation. - In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the land between the time of publication of declaration under section 6 and the time of the Collector's taking possession of the land. (iii)Additional amount at the rate of 12% per annum on such market value (for the period commencing on and from the date of publication of notification under Section 4(1) of the Act to date of award of the Collector or the date of taking possession of the land, whichever is earlier). (iv) Solatium at 30% on such market value, in consideration of the compulsory nature of acquisition. While market value and compensation are factors to be assessed and determined by the court, no such judicial exercise is involved in regard to additional amount payable under Section 23(1A) and solatium payable under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23(1A) of the Act was payable only on the market value determined under Section 23(1) of the Act, thereby clearly implying that it was not reckonable on any other amount: The amount awardable under Sub-section (1-A) of Section 23 of the LA Act, therefore, would be an amount of 12 per centum per annum on the market value of the land determined under first Clause of Sub-section (1) of Section 23 for the period between the date of publication of Notification under Section 4(1) and to the dale of the award of the Collector or the date of taking possession of the land, whichever is earlier................In this context is has to be noted that the amount payable is 12 per centum per annum on the market value in the first Clause of Sub-sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factor for determining the amount of compensation to be awarded for land acquired under the Act. Sub-section (2) provides that in addition to the market value of the land determined under Section 23(1), the Court shall, in every case, award a sum of 30% on such market value in consideration of the compulsory nature of acquisition. Sub-section (1A) of Section 23, inserted by Act 68 of 1984 provides that in addition to the market value of the land, as provided under Section 23(1), the Court shall, in every case, award an amount calculated at the rate of 12% per annum on such market value for the period commencing on or from the date of publication of the notification under Section 4(1) in respect of such land to the date of award of the coll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India (2006) 8 SCC 457. 8. Learned counsel for the respondents placed reliance on the following observations of this Court in Commissioner of Income Tax, Faridabad Vs. Ghanshyam (HUF) - (2009) 8 SCC 412: The additional amount payable under Section 23(1A) of the 1894 Act is neither interest nor solatium. It is an additional compensation designed to compensate the owner of the land, for the rise in price during the pendency of the land acquisition proceedings. It is a measure to offset the effect of inflation and the continuous rise in the value of properties. Therefore, the amount payable under Section 23(1A) of the 1894 Act is an additional compensation in respect to the acquisition and has to be reckoned as part of the market valu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
