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SUPREME COURT OF INDIA
EXECUTIVE ENGINEER,irrigation DIVISION
VERSUS
LAGHUBHAI NANUBHAI
DECIDED ON: October 20, 1992
Land Acquisition Act - Compensation for Preceding Period - The court held that the claimants were entitled to mesne profits for the period preceding the Section 4 (1) Notification, but not entitled to any other amount for the said period. The determination of mesne profits was to be made by the concerned District Judge.
Fact of the Case:
The government took possession of the land under an agreement, and a notification under Section 4 (1) of the Land Acquisition Act was issued. The dispute was regarding the claimants' right to compensation for the period preceding the Section 4 (1) Notification.
Finding of the Court:
The court found that the claimants were entitled to mesne profits for the period preceding the Section 4 (1) Notification, and directed the concerned District Judge to determine the mesne profits. The special leave petitions were dismissed in light of a previous decision.
Issues: Claimants' right to compensation for the period preceding the Section 4 (1) Notification.
Ratio Decidendi: The claimants were entitled to mesne profits for the period preceding the Section 4 (1) Notification, but not entitled to any other amount for the said period.
Final Decision: The court directed the concerned District Judge to determine the mesne profits and dismissed the special leave petitions.
( 1 ). Heard counsel on both sides. The possession of the land in question was taken over by the government under an agreement dated 7/03/1963. Subsequently a notification under Section 4 (1 of the Land Acquisition Act was issued in respect of the same land on 20/12/1989. The present dispute is as regards the claimants right to get compensation for the period preceding the date of Section 4 (1 Notification, i. e. , the period between 7/03/1963 and 20/12/1989.
( 2 ). We are of the view that the claimants are entitled to mesne profits for the aforesaid period from 7/03/196 3/12/1989. They are not entitled to any other amount for the said period. It is proper that the mesne profits are determined by the concerned District Judge to whom necessary directions may be issued by the High court. The High court is directed accordingly. These petitions are disposed of in the above terms.
( 3 ). In the light of our decision in Special Leave Petitions (C) Nos. 5406-13 of 1992, these special leave petitions are dismissed,
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