- (1.) Leave granted.
(2.) After hearing learned counsel for the parties, we are of the opinion that in some other matter of adjacent village the land was acquired for NTPC for the same purpose. In an acquisition made after eight months, the deduction of 30% towards development was made by the High Court, whereas in the instant case, the deduction of 50% has been made and thereafter, figure of Rs. 29/- per sq.yd. had been worked out.
(3.) In our opinion, it would be appropriate to work out the figure to make a deduction at 30% only as was done in another matter(s). In the peculiar facts and circumstances of the case, we consider it appropriate to make the aforesaid deduction accordingly as there was a difference in the Notification. In the instant case, Notification under Section 4 was issued on 20.10.1985, whereas for Uncha Amirpur village it was issued on 5.8.1986. We deem it appropriate to award the compensation @ Rs.36/- per sq.yd. instead of Rs.29/- as awarded by the High Court.;