AIR 1995 SUPREME COURT 2492 ::1995 AIR SCW 3668 ::1995 AIR SCW 3667 ::(1995) 60 DLT 832 ::(1995) 2 CivilCourtC 326 ::(1995) 2 HinduLR 513 ::(1996) 1 CivLJ 458 ::1995 (6) SCC 355 ::1995 All CJ 2 982 ::(1995) 3 CurCC 362 ::(1996) 1 BLJ 120 ::(1996) 1 IJR 1 (SC) ::(1995) 2 Ker LT 776 ::(1995) 2 RentLR 588 ::(1995) 2 LandLR 503 ::1995 (6) JT 242 ::(1995) 7 JT 164 (SC)

Supreme Court Of India

Hon'ble Judge(s): K. Ramaswamy, B. L. Hansaria , JJ

Land Acquisition Act (1 of 1894) , S.23(1A)— Compensation - Payment of additional amount under S. 23(1 A) - Intended to be paid from date of taking possession - Advance possession taken before publication of notification under S.4(1) - Not questioned by owners - They would be entitled to payment of additional amount as compensation from date of taking over possession. The object of introducing Section 23(1-A) is to mitigate the hardship caused to the owner of the land, who has been deprived of the enjoyment of the land by taking possession from him and using it for the public purpose, because of considerable delay in making the award and offering payment thereof. To obviate such hardship, Section 23(1-A) was introduced and the Legislature envisaged that the owner of the land is entitled to 12 per cent per annum additional amount on the market value for a period commencing on and from the date of the publication of the notification under S.4(1) of the Act in respect of such land up to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. At times, after publication of the notification under Ss.4(1), by invoking power of urgency under S.17(4), possession is taken before making the award. The additional amount at 12% per annum was intended to be paid as compensation from the date of taking possession.(Para 4)....