SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1995 Supreme(SC) 493

K.RAMASWAMY, M.N.VENKATACHALIAH
Improvement Trust, Patiala – Appellant
Versus
Land Acquisition Tribunal – Respondent


Advocates:
GOPAL SUBRAMANIUM, H.L.SRIVASTAVA, R.K.MAHESHWARI, S.M.RAI, T.N.Singh, V.RAM SWAROOP, VINIT MAHESHVARI

ORDER

1. Mr Maheshwari, Advocate, accepts notice for the respondents.

2. Leave granted.

3. We have heard the learned counsel for the appellant and Mr Gopal Subramanium, learned Senior Counsel for the respondents, placed reliance on the order passed by this Court in CAs Nos. 174 and 602-605 of 1982 dated 29-10-1987, wherein the counsel appearing for the appellant had conceded in those appeals that "the respondents have agreed that the provisions of the amending Act shall apply and escalated rates provided therein would be available". Based thereon, it is contended by Shri Gopal Subramanium that it is no longer open to the appellant to contend that the respondents are not entitled to the benefits provided under Section 23(1-A) of the Land Acquisition Act as amended under Act 68 of 1984. Section 23(1-A) provides that in addition to the compensation the owner is entitled to the payment of 12% per annum of the enhanced compensation from the date of the notification under Section 4(1) till date of passing award by the Collector or taking possession, whichever is earlier. This is independent of the escalation of the solatium and interest provided under sub-section (2) of Section 23, and Sect


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top