1995 (8) TMI 304 - SC - Indian Laws

Summary

Issues involved: Interpretation of u/s 23(1-A) of the Land Acquisition Act regarding entitlement to additional compensation.

Summary:
The judgment addressed the question of entitlement to additional compensation u/s 23(1-A) of the Land Acquisition Act. The petitioner had taken possession of the lands before the notification u/s 4(1) of the Act was published. The issue was whether the owners were entitled to the benefit of additional compensation from the date of possession or from the date of notification. The Court analyzed the purpose of u/s 23(1-A) to mitigate hardship caused to landowners due to delays in award and payment. It was noted that strict construction would lead to unjust results and defeat the legislative intent. The Court held that in cases where possession is taken before notification, the claimant is entitled to compensation from the date of possession. The judgment emphasized that the expression "whichever is earlier" should be construed in favor of the claimant to avoid hardship.

In the present case, since possession was taken before the notification, the owners were entitled to additional compensation from the date of possession, even though the notification was published later. The Court highlighted that if the claimants challenge the notification and its invalidity is upheld, they may not be entitled to additional compensation. The judgment concluded that the owners in this case were entitled to the additional amount at 12% per annum from the date of taking possession, despite the notification being issued later. Therefore, the petition was dismissed.