BALWAN SINGH & ORS. versus LAND ACQUISITION COLLECTOR & ANR.

Citation: [2016] 2 S.C.R. 163 · Decided: 09-03-2016 · Supreme Court of India · Bench: KURIAN JOSEPH

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Judgment (excerpt)

[2016] 2 S.C.R. 163 
BALWAN SINGH & ORS. 
v. 
LAND ACQUISITION COLLECTOR & ANR. 
(Civil Appeal Nos. 1867-1872 of2009) 
MARCH 09, 2016 
[KURIAN JOSEPH AND ROHINTON FALi NARIMAN, JJ.] 
A 
B 
Land Acquisition Act, 1894: s.4(1) - Interest for the period 
from the date of possession to the date of notification uls.4(1) of 
the Act - Entitlement - Held: Land owner is not entitled to interest 
under the Act - However, he is entitled to get rent or damages for 
use and occupation for the period the Government retained C 
possession of the property - In the interest of justice, 15% awarded 
by way of damages from the date when the land owners were dis-
possessed till the date of Notification u!s.4(1) of the Act. 
Disposing of the appeals, the Court 
HELD: 1. This Court in the case of Madislzetti Bala Ramu/ D 
took the vi.ew that it may not be proper to remand the matter to 
the Collector to determine the amount of compensation to which 
the appellants therein would be entitled for the period during 
which they remained out of p.ossession and hence, in the interest 
of justice, this Court directed that additional interest at the rate 
of15% per annum on the amount awarded by the Land Acquisition 
Collector, shall be paid for the period between the date of dis-
possession and the date of Notification under Section 4(1) of the 
Act. Following the said view taken by this Court, the respondents 
are directed to award additional interest by way of damages, at 
the rate of 15% per annum for the period between 1.7.1984, the 
date when the appellants were dis-possessed till 2.9.1993, the 
date of Notification under Section 4(1) of the Act. [Paras 2, 4) 
[164-F-G; 165-Al 
RL. Jain (D) by Lrs. v. DDA & Ors. (2004) 4 SCC 79: 
2004 (2) SCR 1156; Madishetti Bala Ramu/ (dead) by 
Lrs. v. Land Acquisition Officer (2007) 9 SCC 650: 
2007 (7) SCR 222; Tahera Khatoon & Ors. v. Revenue 
Divisional Officer/Land Acquisition Officer & Ors. 
(2014) 13 sec 613 - relied on. 
163 
E 
F 
G 
H 
; 
. 
164 
SUPREME COURT REPORTS 
[2016] 2 S.C.R. 
A 
Case Law Reference 
2904 (2) SCR 1156 
relied on. 
Para 1 
2007 f'.7) SCR 222 
relied on. 
Para 2 
(2014) 13 SCC .613 
relied on. 
Para 3 
CNILAPPELLATE JURISDICTION : Civil Appeal Nos. 1867-
B · 1872 of2009 
c 
From the Judgment and Order dated 21.05.2007 of the High Court 
ofHimachal Pradesh at Shimla in RFA No. 329, 330, 332, 333, 334 and 
335 ofl997. 
Y. Prabhakara Rao, Adv. for the Appellant. 
Suryanarayana Singh, AAG, Ms. Pragati Neekhara, Adv., with 
him for the Respondents. 
· 
The Judgment of the Court was delivered by 
KURIAN, J. I. The short issue arising for consideration in this 
D appeal is whether the appellants are entitled to interest for the period 
from the date of dispossession to the date ofNotification under Section 
4(1) of the Land Acquisition Act, 1894 (For short 'the Act'). That issue 
is no more res integra. Jn the case ofR.L. Jain (D) by Lrs. Vs. ODA 
& Ors. reported in (2004) 4 SCC 79 at paragraph 18, this Court has 
taken the view that the land owner is not entitled to interest under the 
E Act. However, it has been clarified that the land owner will be entitled 
to get rent or damages for use and occupation for the period the 
Government retained possession of the property. 
2. Noticing the above position, this Court in the case ofMadishetti 
Bala Ramu! (dead) by Lrs. Vs. Land Acquisition Officer reported in 
F 
(2007)9 SCC 650, took the view that it may not be proper to remand the 
matter to the Collector to determine the amount of compensatiol) to 
which the appellants therein would be entitled for the period during which 
they remained out of possession and hence, in the interest of justice, this 
Court directed that additional interest at the rate of 15% per annum on 
G the amount awarded by the Land Acquisition Collector, shall be paid for 
the period between the date of dis-possession and the date ofNotification 
under Section 4( I) of the Act. 
H 
3. The said view was followed by this Court in the case ofTahera 
Khatoon & Ors. Vs. Revenue Divisiopal Officer/Land Acquisition Officer 
& Ors. reported in (2014) 13 SCC 613. 
BALWAN SINGH v. LAND ACQUISITION COLLECTOR 
165 
. [KURIAN, J.] 
4. Following the above view taken by this Court, these appeals 
A 
are disposed of directiRg the respondents to award additional interest by 
way of damages, at the rate of I 5% per annum for the period between 
1.7 .1984, the date when the appellants were dis-possessed till 2.9.1993, 
. the d

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