RATTI RAM Vs. UNION OF INDIA & ANR.

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

Appeal (Civil), 11177 of 2011, Judgment Date: Feb 17, 2016

                                                                  REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO 11177 OF 2011

RATTI RAM                                                 …     APPELLANT(S)

                                   VERSUS

UNION OF INDIA  AND ANOTHER                               …    RESPONDENT(S)

                                    WITH

                       CIVIL APPEAL NO. 11178 OF 2011


                               J U D G M E N T

KURIAN, J.:


In land acquisition proceedings pertaining to Award No. 79 of  1982-1983  in
respect of the land belonging to the appellants, this  Court  finally  fixed
the land value at the rate of Rs. 76,  550/-  per  Bigha,  in  the  Judgment
dated 03.08.2004 in Delhi Development  Authority  v.  Bali  Ram  Sharma  and
Other[1].

Once the land value is fixed by the Court, it refers to  the  value  of  the
land as per the Award  passed  by  the  Collector.  That  should  carry  all
eligible statutory  benefits.  It  appears  that  in  the  case  before  us,
statutory benefits have been denied for a short period on  the  ground  that
the proceedings initiated  at  the  instance  of  the  appellants,  remained
stayed before  the  Reference  Court.  To  quote  from  Paragraph-4  of  the
impugned judgment:
 “Learned Counsel  for  the  appellant,  however,  had  submitted  that  the
learned trial court was not justified in declining the  relief  of  interest
on the enhanced compensation for  the  period  during  which  the  reference
proceedings had remained stayed sine die and that relief at least should  be
given by this Court.  However,  this  prayer  of  the  appellant  cannot  be
accepted since he himself had  got  his  reference  proceedings  before  the
trial Court stayed sine die and the Government cannot be burdened  with  the
liability  of  interest  for  the  delay  in  disposal  of   the   reference
proceedings caused by the appellant himself.”

We fail to understand how the  appellants  could  be  denied  the  statutory
benefits  available  under  the  Land  Acquisition  Act,  1894  (hereinafter
referred to as “the Act”) in respect  of  the  value  of  this  land  fixed,
merely because there was a period of stay operating, may be in a  proceeding
at the instance of the appellants. Those are not relevant considerations  or
factors at all for the purpose of grant of statutory benefits  available  to
a person, whose land has been acquired in terms of Section 28  of  the  Act.
Section 28 reads as under:

“28. Collector may be directed to pay interest on  excess  compensation.  If
the sum which, in the opinion of the Court,  the  Collector  ought  to  have
awarded as compensation is in excess of the  sum  which  the  Collector  did
award as compensation, the award of the Court may direct that the  Collector
shall pay interest on such excess at the rate of nine per centum  per  annum
from the date on which he took  possession  of  the  land  to  the  date  of
payment of such excess into Court:
Provided that the award of the Court may also direct that where such  excess
or any part thereof is paid into Court after the date of expiry of a  period
of one year from the date on which possession  is  taken,  interest  at  the
rate of fifteen per centum per annum shall  be  payable  from  the  date  of
expiry of the said period of one year on the amount of such excess  or  part
thereof which has not been paid into Court before the date of such expiry.”

There is no exclusion of any period contemplated on whatever  account  under
Section 28 of the Act. The only reference is to the date  of  dispossession.
Liability to pay interest starts to run from  that  date.  Therefore,  these
appeals are allowed. It is directed that the appellants  shall  be  entitled
to interest for the compensation, as per Section 28 r/w Section  23(1A),  in
respect of the land acquired from the appellants, on value at  the  rate  of
Rs. 76, 550/- per Bigha for the period of stay also, i.e.,  from  24.04.1997
to 27.09.2001.

We direct the Delhi Development Authority to compute the  amounts  as  above
and deposit the same before the Executing Court  within  a  period  of  four
weeks from today which shall disburse  the  amounts  to  the  appellants  in
accordance with law.

There shall be no order as to costs.


                                                           ...............J.
                                                             [KURIAN JOSEPH]



                                                           ...............J.
                                                     [ROHINTON FALI NARIMAN]
New Delhi;
February 17, 2016.
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[1]


       (2004) 6 SCC 533