Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Reforms |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Karnataka Land Reforms Act, 1961 (10 of 1962) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Karnataka Land Reforms Act, 1961: ss. 44 and 51 - Vesting of land in State Government - Interest on the amount payable - Held: In view of the specific clarification made by Circular dated 24.11.1986 and decision of the Court, appellant's entitled to interest w.e.f. 1.3.1974@ 5 ~% till the total amount was paid to him - Substantive provision of 'mode of calculation' as prescribed u/s 51 has been clarified by Circular dated 24.11.1986 - The example cited in the circular is merely an illustration - If the illustration is in conflict with the clarification of the substantive law/provision or if the illustration is vague, the clarification will prevail over the illustration - Government of Karnataka Rev. Dep. (Land Reforms) Circular No. ND 171 LWM 86 dated 24.11.1986.In terms of s.44 of the Karnataka Land Reforms Act, 1961 as amended by Act No. 1 of 1974, the land belonging to the appellant and held or in possession of the tenant stood transferred and vested in the State Government w.e.f. 1.3.1974. As regards the interest on the principal amount of compensation to be paid to the appellant, the Division Bench of the High Court, ultimately, held that the appellant was entitled to interest @ SY.% w.e.f. 1.3.1984. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 145 |
Petitioner | Aresh @ Ashok J. Mehta (d) By Prop. Lrs. |
Respondent | Spl. Tahsildar, Balgaum Karnataka & Anr. |
SCR | [2013] 2 S.C.R. 280 |
Judgement Date | 2013-03-11 |
Case Number | 5517 |
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