Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 1867-1872 OF 2009
BALWAN SINGH & ORS. APPELLANTS
VERSUS
LAND ACQUISITION COLLECTOR & ANR. RESPONDENTS
J U D G M E N T
KURIAN, J.
1. The short issue arising for consideration in this appeal
is whether the appellants are entitled to interest for the
period from the date of dispossession to the date of
Notification under Section 4(1) of the Land Acquisition Act,
1894 (For short `the Act'). That issue is no more res
integra . In the case of R.L. Jain (D) by Lrs. Vs. DDA & Ors.
JUDGMENT
reported in (2004) 4 SCC 79 at paragraph 18, this Court has
taken the view that the land owner is not entitled to interest
under the Act. However, it has been clarified that the land
owner will be entitled to get rent or damages for use and
occupation for the period the Government retained possession
of the property.
2. Noticing the above position, this Court in the case of
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Madishetti Bala Ramul (dead) by Lrs. Vs. Land Acquisition
Officer reported in (2007) 9 SCC 650, took the view that it
may not be proper to remand the matter to the Collector to
determine the amount of compensation to which the appellants
therein would be entitled for the period during which they
remained out of possession and hence, in the interest of
justice, this Court directed that additional interest at the
rate of 15% per annum on the amount awarded by the Land
Acquisition Collector, shall be paid for the period between
the date of dis-possession and the date of Notification under
Section 4(1) of the Act.
3. The said view was followed by this Court in the case of
Tahera Khatoon & Ors. Vs. Revenue Divisional Officer/Land
Acquisition Officer & Ors. reported in (2014) 13 SCC 613.
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4. Following the above view taken by this Court, these
appeals are disposed of directing the respondents to award
additional interest by way of damages, at the rate of 15% per
annum for the period between 1.7.1984, the date when the
appellants were dis-possessed till 2.9.1993, the date of
Notification under Section 4(1) of the Act.
5. Needless to say that this compensation will be on the
basis of land value fixed by the Reference Court. The amount
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C.A. Nos. 1867-1872/2009
as above, shall be calculated and deposited before the
Reference Court within a period of three months from today.
6. The appeals are disposed of with no order as to costs.
. ...............J.
[KURIAN JOSEPH]
.......................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
MARCH 09, 2016
JUDGMENT
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