ASSISTANT COMMISSIONER, GADAG Vs. MATHAPATI BASAVANNEWWA

JUDGEMENT

(1.) AN interesting question has been raised by Shri Nagaraja, learned counsel for the petitioner, in this case.

(2.) THE admitted facts are that the petitioner had taken possession of the lands on 23.1.1971, but the notification under S. 4 (1) of the Land Acquisition Act (for short, 'the Act') was published in the Gazette on 2.8.1984. The award came to be made by the Land Acquisition Officer on 15.1.1986. The question is from what date the respondents -owners are entitled to the benefit of S. 23 (1A) of the Act as amended by Act 68 of 1984.

(3.) LEARNED counsel contended that conjoint reading of the dates of notification and making of award would connote that taking possession referable under the expressions "commencing on and from the date of publication of the notification" and "whichever is earlier" would be relatable to the date of the notification published under S. 4 (1) of the Act and the date of passing of the award by the Collector and not anterior to the date of publication of the notification under S. 4 (1). Therefore, the owners of the land are not entitled to additional amount at 12 per cent per annum of the compensation commencing from the date of taking possession till date of publication of the notification under S. 4 (1). We find no force in the contention.