Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interest: Acquisition of land-Authorities taking forcible possession |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Interest: Acquisition of land - Authorities taking forcible possession of claimants' land - Without resorting to procedure under Land Acquisition Act - Suit for injunction by land owners - Authorities giving an undertaking in civil court to pay compensation within stipulated period - Amount deposited in court after about 1 and a 1/2 years of the stipulated date - Claim by land owner for interest - Held, claimants were wrongly deprived of beneficial use of their money - They are entitled to 18% simple interest from the date of possession of land till the date of actual payment. Respondent no. 2, Agra Development Authority, on 31.8.2000, took forcible possession of the land of the appellants, who in turn filed a suit for injunction. Undisputedly provisions of Land Acquisition Act were not resorted to. In the civil court respondent no. 2 gave an undertaking that it would pay compensation to the land-owners within the stipulated period. However, respondent no. 2, one year and five months thereafter, offered to the land-owners the cheque, which the latter refused to accept as the same was not tendered according to the undertaking. Thereafter the money was deposited in the civil court. In land owners' writ petition, the High Court permitted them to withdraw the entire amount but rejected their claim for interest on delayed payment of compensation. Aggrieved, the land owners filed the present appeal. |
Judge | Hon'ble Dr. Justice A.R. Lakshmanan |
Neutral Citation | 2007 INSC 13 |
Petitioner | Rakesh Kumar Jain And Anr. |
Respondent | Stateof U.p. Thr. Collector And Anr. |
SCR | [2007] 1 S.C.R. 209 |
Judgement Date | 2007-01-05 |
Case Number | 64 |
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