At, Supreme Court of India
By, HON'BLE JUSTICE E. S. VENKATARAMIAH
By, HON'BLE JUSTICE KULDIP SINGH AND HON'BLE JUSTICE N. D. OJHA
Judgment Text
The only question which arises for consideration is whether the valuation of the garden land measuring 2 acres and 15 gunthas is proper or not. It is not disputed that the net annual income from each acre of garden land during the relevant period was Rs. 1800 per acre. Having regard to the circumstances of this case, the appellant was entitled to get an amount equal to 12 times the net annual income. The compensation payable to the appellant therefore should have been calculated at the rate of Rs. 21, 600 per acre for the garden land measuring 2 acres 15 gunthas instead of @ about Rs. 18, 400 per acre. We, therefore, modify the decree of the High Court by directing that the compensation payable in respect of the garden land measuring 2 acres 15 gunthas involved in this case should be fixed at Rs. 21, 600 per acre. The appellant is entitled to proportionate enhancement of solatium payable thereon. The decree of the High Court shall stand modified accordingly. If the Constitution Bench finds that the appellant is entitled to solatium and interest at the rates in excess of what is awarded by the tr
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ial court it is open to him to apply to the trial court to give him the benefit of enhanced rates of solatium and interest.