STATE OF U P Vs. BECHU RAM

JUDGEMENT

(1.) THE main question involved in these two appeals is, if the possession of land is taken before publication of notification under Section 4(1) of the Land Acquisition Act (the Act) then, whether any interest is payable on the compensation or not. THE Facts

(2.) 5 Bigha 13 Biswa 18 Dhoor (3.56 acres) of land situate in village Manshahpur, Pargana Bhadohi District Varanasi was acquired for 'Inar Gaon Rajwaha' under the Act. The possession was taken on 10.2.1984. However the notifications under Section 4(1) and Section 6(1) of the Act were published on 25.8.1987 and 23.1.1988 after possession was taken.

(3.) THE Court below rejected the sale-deed relied upon by the SLAO. He placed reliance on the sale-deed dated 4.2.1985 executed by Kunjan Singh and Phulai Singh. This sale-deed was mentioned at serial No. 2 of the schedule-ll and was in respect of 1 biswa 13 dhoor of plot No. 107. It was for a consideration of Rs. 9,000/-. This gave rate of Rs. 5,454/- per biswa. He added 25% for increase in value of the property as sale-deed was two years prior to the publication of notification under Section 4(1) of the Act. He also awarded the following amount from the date of possession till the date of award: (i) 12% per annum on the market value of the property under Section 23(1) of the Act; (ii) Interest of 9% for the first year and thereafter 15% under Section 34 of the Act. THE submissions of the Appellant