RATTI RAM versus UNION OF INDIA AND ANOTHER

RATTI RAM versus UNION OF INDIA AND ANOTHER

Statutory interest under section 28 of the Land Acquisition Act must be paid from the date of dispossession, including for periods when reference proceedings remained stayed, and cannot be excluded for any period by reason of such stay.

Parties
Appellant: Ratti Ram; Respondent: Union of India and Another
Jurisdiction
India
Judgment Date
17 February 2016
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals allowed
Legal Topics
Interest on Enhanced Compensation, Statutory Benefits Under Land Acquisition Act
Land Acquisition Interest on Enhanced Compensation Statutory Benefits Under Land Acquisition Act

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Parties

Ratti Ram

Appellant

Union of India and Another

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether period of stay in reference proceedings disentitles appellant to statutory interest under section 28 of Land Acquisition Act

Ratio Decidendi

Statutory interest under section 28 of the Land Acquisition Act must be paid from the date of dispossession, including for periods when reference proceedings remained stayed, and cannot be excluded for any period by reason of such stay.

Court Disposition

Appeals allowed

Orders

  • Delhi Development Authority to compute and deposit the amounts as directed before the Executing Court within four weeks, which shall disburse amounts to appellants in accordance with law.
  • Appellants entitled to interest for compensation as per section 28 r/w section 23(1A) of the Land Acquisition Act on value at Rs. 76,550/- per Bigha for period of stay from 24.04.1997 to 27.09.2001.