Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 4, 11, 18, 28, 34 & 54--Acquisition of land---Determination of amount of compensation---Reference to court---Enhancement of amount of compensation---Payment of interest on enhanced amount---Landowners received compensation amount under protest and filed objection petition under S.18 of Land Acquisition Act, 1894, which was referred to the court and Referee Court enhanced the compensation rate as prayed for by the landowners---Referee Court also granted rent of acquired shops and 10% simple interest on the enhanced compensation---Validity---Landowners had not only proved that acquired land was situated in the commercial area and also had future potential, but had proved through submitting a contemporary award of the same locality made by the Authorities, fixing the enhanced rate---Referee Court, in circumstances, had rightly enhanced the rate of compensation---Objection of Authorities with regard to grant of 10% of simple interest on enhanced amount and grant of rent of acquired shops, however, was of worth consideration---Referee Court had fixed the simple interest 10% on the enhanced amount in violation and being ignorant of S.28 of Land Acquisition Act, 1894 as said section 28 had provided 8% of compound interest on enhanced amount---Objection on awarding the rent of shops was also plausible in law for the reason that since the special law had provided penal clauses under Ss.28 & 34 of Land Acquisition Act, 1894 through which compound interest at the rate of 8% was granted for delay in payment of compensation after taking the possession of the land, no rent etc. had beer/ recognized by any provision of Land Acquisition Act, 1894 for acquired land or shops---Appeal was partly accepted to the extent that (a) remedy granted in respect of rent of shops, was set aside; and that 10% of simple interest on excess amount was modified and altered the same into 8% of compound interest on the enhancement amount---Decree passed in respect of enhanced rate and 15% of compulsory charge, was maintained. JUDGMENT MUZAFFAR ALI, J.---This civil Ist Appeal assails the judgment/decree dated 20-4-2009 passed by the learned…

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