SIDDAPPA VASAPPA KURI AND ANR. versus SPECIAL LAND ACQUISITION OFFICER AND ANR.

SIDDAPPA VASAPPA KURI AND ANR. versus SPECIAL LAND ACQUISITION OFFICER AND ANR.

Section 23(1A) of the Land Acquisition Act, 1894 mandates that additional compensation is calculated from the date of Section 4 notification to either the date of award or the date of possession, whichever is earlier. Where possession has been taken before Section 4 notification, the terminal point cannot be the date of possession; only the date of award is available. The appellants are entitled to compensation for the period from 8th March, 1991 to 6th February, 1993.

Parties
Appellants: Siddappa Vasappa Kuri and Anr.; Respondents: Special Land Acquisition Officer and Anr.
Jurisdiction
India
Judgment Date
16 October 2001
Procedural Posture
Civil Appeal / Appeal From Judgment of Karnataka High Court in C.r.p. No. 1373 of 1997
Outcome
Appeal dismissed
Legal Topics
Additional Compensation, Section 23(1 A) Interpretation, Award Determination
Land Acquisition Additional Compensation Section 23(1 A) Interpretation Award Determination

Case Brief

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Parties

Siddappa Vasappa Kuri and Anr.

Appellants

Special Land Acquisition Officer and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment of Karnataka High Court in C.r.p. No. 1373 of 1997

Legal Issues

  1. 1 Entitlement to additional compensation under Section 23(1A) of Land Acquisition Act, 1894 where possession is taken prior to Section 4 notification
  2. 2 Calculation period for additional compensation under the Act

Ratio Decidendi

Section 23(1A) of the Land Acquisition Act, 1894 mandates that additional compensation is calculated from the date of Section 4 notification to either the date of award or the date of possession, whichever is earlier. Where possession has been taken before Section 4 notification, the terminal point cannot be the date of possession; only the date of award is available. The appellants are entitled to compensation for the period from 8th March, 1991 to 6th February, 1993.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs