RAKESH KUMAR JAIN AND ANR. versus STATEOF U.P. THR. COLLECTOR AND ANR.

RAKESH KUMAR JAIN AND ANR. versus STATEOF U.P. THR. COLLECTOR AND ANR.

Appellants were wrongly deprived of the beneficial use of their money due to delayed payment of compensation; they are entitled to simple interest at the rate of 18% per annum from the date of possession of the land till the date of actual payment.

Parties
Appellants: Rakesh Kumar Jain and Anr.; Respondents: State of U.P. thr. Collector and Anr.
Jurisdiction
India
Judgment Date
05 January 2007
Procedural Posture
Civil Appeal / Final Judgment, Appeal Disposed
Outcome
Appeal disposed of; High Court order set aside
Legal Topics
Acquisition of Land, Compensation, Interest on Delayed Payment
Property Law Land Acquisition Civil Procedure Acquisition of Land Compensation Interest on Delayed Payment

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Parties

Rakesh Kumar Jain and Anr.

Appellants

State of U.P. thr. Collector and Anr.

Respondents

Procedural Posture

Civil Appeal / Final Judgment, Appeal Disposed

Legal Issues

  1. 1 Whether land owners are entitled to interest on delayed payment of compensation after forcible possession of land was taken without resort to Land Acquisition Act

Ratio Decidendi

Appellants were wrongly deprived of the beneficial use of their money due to delayed payment of compensation; they are entitled to simple interest at the rate of 18% per annum from the date of possession of the land till the date of actual payment.

Court Disposition

Appeal disposed of; High Court order set aside

Orders

  • Agra Development Authority to pay simple interest at 18% p.a. on Rs.17,84,974.50 from 31.08.2000 till actual payment.
  • Appellants are at liberty to withdraw Rs.17,84,974.50 deposited in civil court without furnishing security.