BALWAN SINGH & ORS. Vs. LAND ACQUISITION COLLECTOR & ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1867-1872 of 2009, Judgment Date: Mar 09, 2016

                                                                  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.  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

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
                                                    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