MADISHETTI BALA RAMUL (D) BY LRS. versus THE LAND ACQUISITION OFFICER

MADISHETTI BALA RAMUL (D) BY LRS. versus THE LAND ACQUISITION OFFICER

The Court held that while the High Court's interpretation restricting additional market value and interest to the date of the valid notification is correct in law, appellants are still entitled in the interest of justice to an additional interest of 15% per annum for the period they remained out of possession...

Source-derived case information.

Parties
Appellant: Madishettti Bala Ramul (D) By LRS.; Respondent: The Land Acquisition Officer
Jurisdiction
India
Judgment Date
17 May 2007
Procedural Posture
Civil Appeal / Appeal Against Andhra Pradesh High Court Judgment Dated 09.02.2005 in First Appeal No. 694 of 1999
Outcome
Appeal partly allowed.
Legal Topics
Compensation, Additional Market Value, Interest, Possession, Section 25 Applicability
Land Acquisition Compensation Additional Market Value Interest Possession Section 25 Applicability

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Parties

Madishettti Bala Ramul (D) By LRS.

Appellant

The Land Acquisition Officer

Respondent

Procedural Posture

Civil Appeal / Appeal Against Andhra Pradesh High Court Judgment Dated 09.02.2005 in First Appeal No. 694 of 1999

Legal Issues

  1. 1 Whether appellants are entitled to additional market value and interest from the date of taking possession under Land Acquisition Act, 1894
  2. 2 Whether Section 25 of the Act applies to the facts and circumstances of the case

Ratio Decidendi

The Court held that while the High Court's interpretation restricting additional market value and interest to the date of the valid notification is correct in law, appellants are still entitled in the interest of justice to an additional interest of 15% per annum for the period they remained out of possession (16.03.1979 to 22.12.1991), as possession was taken under a notification that did not survive.

Court Disposition

Appeal partly allowed.

Orders

  • Appellants granted additional interest @ 15% per annum on amount awarded in the Reference Court award dated 02.01.1999 for the period 16.03.1979 till 22.12.1991.
  • Appellant shall not be entitled to costs.