PRIYA VART AND ANR. versus UNION OF INDIA

PRIYA VART AND ANR. versus UNION OF INDIA

The compensation determined by the High Court at Rs. 10,000 per bigha was just and fair given the distinguishing location features of Khyala village and there is no justification for enhancement; further, pendency of appeals does not entitle claimants to enhanced interest or solatium beyond what statute provides, and interest awarded under Section 28 is simple, not compound.

Parties
Petitioner: Priya Vart; Respondent: Union of India
Jurisdiction
India
Judgment Date
07 August 1995
Procedural Posture
Special Leave Petition / Supreme Court Appellate Order
Outcome
Petition dismissed
Legal Topics
Compensation Determination, Interest and Solatium, Rate of Compensation, Simple Vs. Compound Interest
Land Acquisition Compensation Determination Interest and Solatium Rate of Compensation Simple Vs. Compound Interest

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Parties

Priya Vart

Petitioner

Union of India

Respondent

Procedural Posture

Special Leave Petition / Supreme Court Appellate Order

Legal Issues

  1. 1 Whether the compensation awarded by the High Court for acquired land is just and fair
  2. 2 Entitlement to higher compensation based on location and potentiality of land
  3. 3 Entitlement to enhanced interest and solatium during pendency of appeals

Ratio Decidendi

The compensation determined by the High Court at Rs. 10,000 per bigha was just and fair given the distinguishing location features of Khyala village and there is no justification for enhancement; further, pendency of appeals does not entitle claimants to enhanced interest or solatium beyond what statute provides, and interest awarded under Section 28 is simple, not compound.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition is dismissed
  • No further enhancement of compensation beyond Rs. 10,000 per bigha