Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894: s. 34 – Payment of interest under – Whether from the date of award or from the date prior thereto – Construction of dam after acquisition of land – Submergence of land in question after the full reservoir level breached in the year 1991 – Acquisition process of land in question started in the year 2007 – Award of compensation – High Court enhanced the compensation amount and directed payment of interest from the date of award i.e. 23.7.2009 – Appeal to Supreme Court seeking interest w.e.f. 1991 – Held: Interest u/s. 34 can start only from the date the possession of the acquired land is taken – No interest can be claimed for the period prior to s. 4 Notification – When possession is taken prior to issuance of preliminary Notification, land-owner is only entitled to rent or damage for use and occupation – In the present case submergence/possession of the land is disputed – Claim of damages would depend upon the factum whether the land has come under submergence in the year 1991 – The Collector is directed to examine whether the land in question came under submergence in 1991 and thereupon determine the quantum of damages to be paid from 1991 till the date of Notification u/s. 4 – If submergence proved, the land-owner shall be entitled to interest u/s. 34 also from the date of s. 4 Notification till the date of award. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2020 INSC 64 |
Petitioner | Chanabasappa |
Respondent | Karnataka Neeravari Nigam Ltd. & Anr. |
SCR | [2020] 5 S.C.R. 24 |
Judgement Date | 2020-01-21 |
Case Number | 475 |
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