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Issues:
- Apportionment of compensation between owner and tenant - Rate of compensation enhancement - Impact of Land Acquisition Act amendment in 1984 Apportionment of Compensation: The case involved a dispute over the apportionment of compensation between the landowner and the tenant following land acquisition. The court considered the unique nature of the lease agreement, which allowed the tenant significant rights over the land, including the ability to demolish existing structures and build new ones. The court analyzed previous cases to determine that the compensation apportionment should be based on the nature of the tenant's rights. In this case, the court found that a small proportion of compensation should be paid to the tenant, with the majority going to the owner due to the limited nature of the tenant's rights under the lease agreement. Rate of Compensation Enhancement: The court also addressed the issue of enhancing the rate of compensation for the acquired land. Despite the owner not claiming an enhanced amount, the court found that the compensation should be increased based on the location and value of the land. The court noted discrepancies in the valuation of the land based on sales data from different periods and locations. Ultimately, the court determined that the compensation should be enhanced to Rs. 105.00 per square yard, with the tenant entitled to one-eighth of this amount. Additionally, the court awarded the tenant a 30% solatium and specified the interest rates applicable on the enhanced compensation amount. Impact of Land Acquisition Act Amendment: Furthermore, the court considered the impact of an amendment to the Land Acquisition Act in 1984, which provided additional benefits to individuals entitled to compensation. The court ensured that the appellant received the benefits of the amended provisions, including the enhanced compensation rate, solatium, and specified interest rates. The court clarified that the amendment played a role in determining the compensation awarded to the appellant. In conclusion, the judgment addressed the issues of compensation apportionment between owner and tenant, rate of compensation enhancement, and the impact of the Land Acquisition Act amendment in 1984. The court carefully analyzed the unique circumstances of the case, previous legal precedents, and valuation data to arrive at a fair and just decision regarding the compensation to be awarded to the appellant.
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