Seshan v. The Special Tahsildar & Land Acq.officer

Seshan v. The Special Tahsildar & Land Acq.officer

(Supreme Court Of India)

Civil Appeal No. 2938 Of 1996.[Special Leave Petition (Civil) No. 18962 Of 1993] | 30-01-1996

K. Ramaswamy, S. Saghir Ahmad and G.B. Pattanaik, JJ.

1. Leave granted.

2. We have heard the learned counsel on both sides.

3. Notificaticn under Section 4[l] of the Land Acquisition Act, 1894 was published on 17th October, 1981. The possession of the land was taken in January 1982. The Land Acquisition Officer in his award dated July 31, 1982 determined compensation @ Rs.2,000/- per acre. On reference, the civil Court by award and decree dated November 7, 1983 enhanced the compensation to Rs.4,000/- per acre. On appeal, the High Court by Judgment and decree dated August, 9, 1989 enhanced the compensation to Rs.6,000/- per acre and awarded interest under the unamended Act as per the State amendment Thus this appeal by special leave.

4. In view of the fact that the Land Acquisition officer has made the award on July 31, 1982, i.e., after the introduction of the Amendment Act 68 of 1984 on the floor of the Parliament, the claimants are entitled to interest under Section 34 @ 9% per annum from the date of taking possession till date of the award. They are entitled to interest @ 15% on enhanced compensation after the expiry of one year. Equally so on the enhanced compensation from the respective dates till the date of deposit in the Court. Equally, solatium @ 30% under Section 23 [2] is required to be deposited on the additional amount.

5. The appeal is accordingly allowed to the above extent. No costs.

Advocate List
Bench
  • HON'BLE MR. JUSTICE K. RAMASWAMY
  • HON'BLE MR. JUSTICE S. SAGHIR AHMAD
  • HON'BLE MR. JUSTICE G. PATTANAIK
Eq Citations
  • (1996) 8 SCC 89
  • [1996] 1 SCR 1058
  • 1996 2 AD (SC) 61
  • 1996 1 RRR 645
  • JT 1996 (2) SC 166
  • (1996) 1 MLJ 105 (SC)
  • LQ/SC/1996/233
Head Note

Land Acquisition Act, 1894 — Ss. 34, 23 and 28 — Interest on compensation — Land Acquisition officer made award on 31-7-1982 i.e. after introduction of Amendment Act 68 of 1984 — Held, claimants are entitled to interest under S. 34 @ 9% p.a. from date of taking possession till date of award — They are entitled to interest @ 15% on enhanced compensation after expiry of one year — Equally so on enhanced compensation from respective dates till date of deposit in Court — Equally solatium @ 30% under S. 23-A is required to be deposited on additional amount — Constitution of India, Art. 300-A