State of U.P. & Ors  INSC 479 (29 April 1997)
RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK
O R D
E R Leave granted.
appeal by special leave arises from the judgment of the Allahabad High Court,
Made one 6.5.1996 in CMWP No.13550/92.
under Section 4(1) of the Land Acquisition Act, 1894 (for short, the `Act')
acquiring a large chunk on land was published on June 26, 1982. The Special Land Acquisition Officer had given his award
under Section 11 on February
27, 1989 granting
compensation @ Rs. 50 and Rs.37.50 per sq.yd. It also granted solatium and
interest under the Act as vL 1984 Amendment Act. That award was allowed to
become final. The question is; whether the members of the appellant-Association
are entitled to compensation? In view of the fact that the award has already
become final, the stand taken by the Awash Evam Vikas Parishad that they are
not liable to pay solatium under the amended Act and the claimants are entitled
to get interest at 15% and 6% under the Schedule to the U.P Awash Evam Vikas Adhiniyam,
cannot be countenanced. The Land Acquisition Officer has filed his counter
affidavit. Therein, he has stated that for the land admeasuring 1157.895 acres,
compensation in a sum of Rs.52,05,94,187.90 was determined.
which Rs. 42,15,00,000/- was deposited and the balance amount was agreed to be
deposited as admitted by the Teller dated December 10, 1992 of the Commissioner, Shri Rajiv
Kumar Singh. The balance amount of Rs. 3,26,22,583,25 is, therefore, payable to
them. The liability to pay interest arises only when the Land Acquisition
Officer takes possession of the land after the award comes to be made. It is
states on behalf of the Parishad that the possession of an extent of only 9.2
acres of land alone was delivered and the rest of the land has not been
delivered and the rest of the land has not been delivered. In view of the fact
that the liability to pay the interest arises only free the date of taking
possession and as it is claimed that the entire extent of the land has not been
given possession, the Land Acquisition Officer is directed to determine as to
what extent of the area possession of which has been given after the award; for
those claimants whose lands have been taken possession, interest shall be
calculated as per the award from the date of taking possession till date of
deposit and interest shall accordingly be deposited within a period of six
months from the date of the receipt of the judgment.
appeal is accordingly allowed. No costs.
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