THE ASSISTANT COMMISSIONER,GADAG SUB-DIVISION, GADAG versus MATHAPATHI BASAVANNEWWA AND ORS.

THE ASSISTANT COMMISSIONER,GADAG SUB-DIVISION, GADAG versus MATHAPATHI BASAVANNEWWA AND ORS.

Where possession of land is taken before publication of the notification under Section 4(1) of the Land Acquisition Act, 1894, the landowner is entitled, under Section 23(1-A), to payment of additional amount at 12 per cent per annum of market value from the date of taking possession.

Parties
Petitioner: The Assistant Commissioner, Gadag Sub-Division, Gadag; Respondents: Mathapathi Basvannewwa and Ors.
Jurisdiction
India
Judgment Date
17 August 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Review
Outcome
Appeal dismissed
Legal Topics
Land Acquisition Act, 1894, Section 23(1 A), Additional Amount on Market Value, Compensation Period Calculation
Land Acquisition Land Acquisition Act, 1894 Section 23(1 A) Additional Amount on Market Value Compensation Period Calculation

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Parties

The Assistant Commissioner, Gadag Sub-Division, Gadag

Petitioner

Mathapathi Basvannewwa and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Review

Legal Issues

  1. 1 Whether landowners are entitled to the benefit of Section 23(1-A) of the Land Acquisition Act, 1894, from the date of taking possession, when possession is taken prior to the publication of notification under Section 4(1)

Ratio Decidendi

Where possession of land is taken before publication of the notification under Section 4(1) of the Land Acquisition Act, 1894, the landowner is entitled, under Section 23(1-A), to payment of additional amount at 12 per cent per annum of market value from the date of taking possession.

Court Disposition

Appeal dismissed

Orders

  • Petition dismissed