OM PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted.

(2.) Reliance is placed on the decision of this court dated 24/08/1987, in Civil Nos. 1963-80 of 1987 in a claim for further escalation the compensation. We find that this court notified the decree for compensation in those appeals by saying:

(3.) There is no dispute that the lands involved in these appeals and the lands in those appeals were acquired under a common notification. There is nothing on record to show that the lands are of different quality. In these circumstances we enhance the compensation by modifying the order of the High court and directing payment of compensation at the rate of Rs. 17. 00 per sq. yard upto the depth of 500 metres and at the rate of Rs. 10. 00 beyond that depth. The appellants would not be entitled to any other claim. But it would be open to them to apply for modification of our order to the limited exient that in the event of the five Judge bench deciding that the benefits of the Land Acquisition Amendment Act of 1984 would, be applicable to the facts as here, they would be entitled to the additional benefits. The appeal is disposed of accordingly. No costs.