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1974 Supreme(Del) 203

B.C.MISRA
UMRAO SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Birender Singh, D.R.Dhamija

B. C. MISRA, J.

( 1 ) THIS revision petition raise s a short but important question of law. It is this : whether a person, whose property has been acquired under the Land Acquisition Act, is entitled to interest under section 28 of the Act on the amount of compensation awarded to him from the date of the dispossession, in case the authorities have taken only symbolic possession and not actual physical possession of the property from him.

( 2 ) THE material facts of the case lie in a small compass. Some land including two fields in dispute were acquired by the Collector under the Land Acquisition Act, I of 1894 (hereinafter referred to as the Act ). The Collector determined the compensation payable for the land including the two fields in dispute. On a reference made under section 18 of the Act, compensation of the land was enhanced from Rs. 800. 00 per bigha to Rs. 4250. 00 per bigha and interest was awarded according to law. This was also payable in respect of the aforesaid two field s. Consequent upon the enhancement, the Collector remitted the requisite amount to the court which paid it to the claimant petitioner. The petitioner, however, complained that the interest in respec
















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