CHANABASAPPA versus KARNATAKA NEERAVARI NIGAM LTD. & ANR.

CHANABASAPPA versus KARNATAKA NEERAVARI NIGAM LTD. & ANR.

Interest under Section 34 can run only from the date possession is taken or, where applicable, from the date of notification under Section 4; no interest is payable for periods prior to issuance of Section 4 notification. If the Collector finds the land came under submergence in 1991, the Collector must determine...

Source-derived case information.

Parties
Appellant: Chanabasappa; Respondent: Karnataka Neeravari Nigam Ltd. & Anr.
Jurisdiction
India
Judgment Date
21 January 2020
Procedural Posture
Civil Appeal / Disposed by Supreme Court (final Judgment)
Outcome
Appeal disposed of
Legal Topics
Interest Under Section 34, Compensation, Possession and Dispossession, Submergence of Land, Damages, Section 4 Notification, Section 23 Additional Compensation
Land Acquisition Act, 1894 Property Law Interest Under Section 34 Compensation Possession and Dispossession Submergence of Land Damages Section 4 Notification +1 more

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Parties

Chanabasappa

Appellant

Karnataka Neeravari Nigam Ltd. & Anr.

Respondent

Procedural Posture

Civil Appeal / Disposed by Supreme Court (final Judgment)

Legal Issues

  1. 1 Whether interest under Section 34 can be claimed from date of award or from an earlier date (1991) when land was alleged to have come under submergence
  2. 2 Whether landowners are entitled to damages/rent for period prior to issuance of notification under Section 4 if possession/submergence occurred earlier
  3. 3 What period interest under Section 34 may run and from which date

Ratio Decidendi

Interest under Section 34 can run only from the date possession is taken or, where applicable, from the date of notification under Section 4; no interest is payable for periods prior to issuance of Section 4 notification. If the Collector finds the land came under submergence in 1991, the Collector must determine damages from 1991 until the date of Section 4 notification, and if submergence is proved the appellant will be entitled to interest under Section 34 from the date of the Section 4 notification until the award.

Court Disposition

Appeal disposed of

Orders

  • Appeal disposed of.
  • Collector directed to examine whether the land came under submergence in 1991 and to determine quantum of damages to be paid from 1991 till the date of notification under Section 4 within six months after hearing the parties and evidence.