STATE OF ASSAM versus JITENDRA KUMAR SENAPATI & OTHERS

STATE OF ASSAM versus JITENDRA KUMAR SENAPATI & OTHERS

By accepting the quantified sum within the stipulated time, the respondents relinquished all future claims to interest, and did not expressly reserve a right to claim it; therefore, no interest is payable under section 34 of the Act.

Parties
Appellant: State of Assam; Respondent: Jitendra Kumar Senapati & Others; Respondent: V. S. Desai; Respondent: B. P. Maheshwari; Respondent: Suresh Sethi; Respondent: Miss Asha Jain
Jurisdiction
India
Judgment Date
17 February 1981
Procedural Posture
Civil Appeal / Appeal by Certificate Under Article 133(1)(a) of the Constitution of India From a Judgment of the Gauhati High Court in Civil Rule No. 1151/69
Outcome
Appeal allowed
Legal Topics
Interest on Compensation, Interpretation of Settlement Agreements, Sections 23 and 34 Land Acquisition Act
Land Acquisition Interest on Compensation Interpretation of Settlement Agreements Sections 23 and 34 Land Acquisition Act

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Parties

State of Assam

Appellant

Jitendra Kumar Senapati & Others

Respondent

V. S. Desai

Respondent

B. P. Maheshwari

Respondent

Suresh Sethi

Respondent

Miss Asha Jain

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate Under Article 133(1)(a) of the Constitution of India From a Judgment of the Gauhati High Court in Civil Rule No. 1151/69

Legal Issues

  1. 1 Whether the agreement to accept a specified compensation sum excluded further claims for interest under section 34 of the Land Acquisition Act

Ratio Decidendi

By accepting the quantified sum within the stipulated time, the respondents relinquished all future claims to interest, and did not expressly reserve a right to claim it; therefore, no interest is payable under section 34 of the Act.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Respondents' petition dismissed