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2005 Supreme(SC) 162

RUMA PAL, C.K.THAKKER
LAND ACQUISITION OFFICER and ASSTI. COMMISSIONER – Appellant
Versus
HEMANAGOUDA – Respondent


ORDER

1. Leave granted.

2. The only issue in these cases is whether interest under Section 34 of the Land Acquisition Act, 1894 (for short, "the Act") was payable to the respondent landholders. According to the respondents, their land had been taken possession of by the appellants between 1968 and 1970. However, acquisition proceedings were initiated only on 2-2-1999 by issuance of a notification under Section 4(1) of the Act. The land acquisition officer b determined the compensation payable to the appellants at Rs 28,000 per acre. The land acquisition officer, however, rejected the respondents claim for grant of interest under Section 34 of the. Act on account of the appellants possession of the respondents land for the period prior to the date of the acquisition.

3. The respondents preferred a writ petition before the High Court. The C High Court allowed the writ petition and directed payment of interest under Section 34 of the Act on the awarded amount commencing from the period 1968/1970 till the date of payment. The Division Bench dismissed the appellants appeal.

4. Before us, learned counsel appearing on behalf of the appellants has d submitted that the issue formulated by u









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