Balwan Singh vs Land Acquisition Collector

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.

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.

Signature Not Verified Digitally signed by Rajni Mukhi Date: 2016.03.18 17:13:23 IST Reason:

2. Noticing the above position, this Court in the case of

1 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.

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

2 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

3 ITEM NO.104 COURT NO.10 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal Nos. 1867-1872/2009

BALWAN SINGH & ORS. Appellant(s)

VERSUS

LAND ACQUISITION COLLECTOR & ANR. Respondent(s)

(with interim relief and office report)

Date : 09/03/2016 These appeals were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Appellant(s) Mr. Y. Prabhakara Rao,Adv.

For Respondent(s) Mr. Suryanarayana Singh, AAG Ms. Pragati Neekhra,Adv.

UPON hearing the counsel the Court made the following O R D E R

The appeals are disposed of in terms of the signed reportable judgment.

All pending interlocutory applications shall stand disposed of.

(Rajni Mukhi) (Renu Diwan) Sr. P.A. Court Master

(Signed reportable judgment is placed on the file)

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