BRIJ BEHARI SAHAI vs STATE OF UTTAR PRADESH

The Supreme Court held that under Section 35 of the Land Acquisition Act, 1894, temporary occupation of land does not constitute acquisition under Part II of the Act, and thus, provisions of Section 23(2) regarding compensation do not apply. The Court affirmed the High Court's decision to enhance compensation on five heads but denied the statutory solatium of 15% as it was not applicable in cases of temporary occupation. The appeal by the State of Uttar Pradesh was dismissed, and the claimant's request for further enhancement based on evidence was not entertained.