ANANDAS JEEVANDAS AMICHAND Vs. LAND ACQUISTION OFFICER AND ASSISTANT COMMISSIONER GADAG DIVISION GADAG

JUDGEMENT

(1.) THE land belonging to the petitioners was acquired for the public purpose. Suffice it to say in a reference case namely LAC No. 14 of 1984, the Reference Court fixed the market value at Rs. 750/- per gunta with all statutory benefits. THE said award was put into execution. THE petitioners filed their memo of calculation. THE Executing Court has granted the request of the petitioners. But, however, has restricted it from the date of decision of the Apex Court in the case of Sunder v Union of India1. THE said observation is questioned in this petition.

(2.) LEARNED Counsel for the petitioners submits that having regard to the fact that the petitioners have been awarded interest at the rate of 9% p.a. from the date of taking possession and all other statutory benefits including the 15% interest on the additional amount which is awardable under Section 23(1-A) of the Land Acquisition Act, 1894, the Executing Court was not justified in declining to grant the said relief from the date of passing of the award. He submits that the same could not have been restricted from the decision rendered by the Apex Court is Sunders case.

(3.) A perusal of the award would clearly disclose that the petitioners are entitled for interest at the rate of 9% p.a. from the date of taking possession of the acquired land, 30% solatium and 12% p.a. on the market value on the enhanced compensation. If the enhanced compensation is not paid within one year, they are also entitled for interest at 15% p.a. on the enhanced compensation from the date of taking possession.