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

1987 Supreme(SC) 667

G.L.OZA, SABYASACHI MUKHARJEE
Abhay Singh Surana – Appellant
Versus
Secretary, Ministry Of Communication – Respondent


Advocates:
B.PARTHASARTHY, C.V.SUBBA RAO, L.P.AGRAWALA, SHANKAR GOPAL PAGIRE, V.C.MAHAJAN

Judgement

SABYASACHI MUKHARJI,J. :- This appeal by special leave is confined solely to the question of interest. In other words, the entitlement of interest on the amount awarded by Arbitrator for the requisition of the premises under the Requisitioning and Acquisition of Immovable Property Act, 1952, is the issue. The principles upon which the compensation on this aspect is payable are by now well settled. In Satinder Singh v. Umrao Singh, (1961) 3 SCR 676 : (AIR 1961 SC 908) this Court reiterated the principles at p. 694 of the SCR report as follows (at p. 916 of AIR) :

"In Inglewood Pulp and Paper Co. Ltd. v. New Burnswick Electric Power Commission, 1928 AC 492 : (AIR 1928 PC 287) it was held by the Privy Council that "upon the expropriation of land under statutory power, whether for the purpose of private gain or of good to the public at large, the owner is entitled to interest upon the principal sum awarded from the date when possession was taken, unless the statute clearly shows a contrary intention." Dealing with the argument that the expropriation with which the Privy Council was concerned was not effected for private gain, but for the good of the public at large, it observed








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