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TMI Blog1995 (9) TMI 413X X X X Extracts X X X X X X X X Extracts X X X X ..... a and Ravindra Bana, Advs. JUDGMENT 1. This appeal by special leave arises from the judgment dated August 30, 1979 of the Division Bench of the Allahabad High Court in C.M.W. No. 35/1977. Notification under Section 4(1) of the Land Acquisition Act, 1894 [for short, 'the Act'] was published in the gazette on September 29, 1976. Declaration under Section 6 was made on September 30, 1976. Whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed power under Section 17(4) of the Act. It is now an admitted fact that in the land under acquisition constructions have been made and completed. Under these circumstances, the need to go into the question of urgency and exercise of power under Section 17(4) at this belated stage does not arise. 3. Shri S.B. Sanyal, learned senior counsel for the appellants, contended that the award was made on M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s caused to the appellants therein. In this case it is seen that though the notification was issued in September 1976, the writ petitions came to be filed in the High Court immediately thereafter in 1977 in the High Court and obviously further proceedings were stayed. Accordingly, the Land Acquisition Officer delayed the award. After the dismissal of the writ petitions, the appellants came to this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. 4. In the light of the operation of the respective provisions of Sections 34 and 28 of the Act, it would be difficult to direct payment of interest. In fact, Section 23(1-A) is s set off for loss in cases of delayed awards to compensate the person entitled to receive compensation; otherwise a person who is responsible for the delay in disposal of the acquisition proceedings will be paid premi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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