DINESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Admit. Mr. Sharma accepts notice on behalf of Union of India. Since the question involved in the appeal is very short/ on request of parties, the appeal is taken up for disposal forthwith.

(2.) In the present case, notification under Section 4 of the Land Acquisition Act was issued on 13/11/1959 and the declaration under Section 6 of the Act was made on 14/06/1966. Therefore, the applicability of Sub-section (3) of Section 4 of the Land Acquisition (Amendment and Validation) Act, 1967 is not in dispute.

(3.) The Civil Court, while granting interest under Section 4(3) of the said Land Acquisition (Amendment and Validation) Act, has excluded the payment of overlapping interest under Section 28 of the principal Act and under Section 4(3) of the Amending Act. The impugned award and decree is challenged only to this extent.