STATE OF PUNJAB Vs. GAURI SHANKER

JUDGEMENT

(1.) Leave granted.

(2.) In the calculation of the amount due , the decree holder has claimed Rs. 49,10,010/- as additional compensation envisaged under Section 23 (1-A) of the Land Acquisition Act. This is questioned by the State as erroneous. The facts are not disputed that Notification under Section 4 (1) was published on 17.3.1976 and possession of the land was taken on 25.3.1976. The additional compensation envisaged in Section 2b (1-A) cannot go a pie beyond what is mentioned therein. For that purpose we extract Section 23 (1a) hereunder: In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per cent per annum on such market-value for the period commencing on and from the date of the publication of the notification under Section 4, Sub-section (1) ,in respect of such land to the date of the award of the collector or the date of taking possession of the land, whichever is earlier.

(3.) According to the learned Counsel for the State, the additional amount can be calculated only for eight days which is the interval between the date of notification and date of taking possession. We agree with the contentions of the State. The additional compensation has, therefore, to be worked out for seven days on the sum which is shown as the market value of the land acquired (Rs 68,13,150)