Union Of India vs Rattan Kul Bhushan
1997 Latest Caselaw 590 Del

JUDGMENT

Arun B. Saharya, J.

(1) This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") against award and decree dated 6.4.1992 passed by the learned Additional District Judge, Delhi, determining the amount of compensation payable to the respondent for acquisition of his land situated in village Gharauli, Delhi. Besides enhancement of compensation the learned Additional District Judge has also awarded other statutory benefits, inter (ilia, of interest under Section 28 of the Act. Interest under Section 28 of the Act has been awarded @ 90% per annum from the date of taking over possession for a period of one year and thereafter @ 15% per annum till payment of the enhanced compensation.

(2) The piece of land in question was acquired by notification under Section 4 of the Act dated l7.11.1980 and the Collector made Award No.l8/83-84on2.7.1983.

(3) In appeal. Union of India has challenged only the award of interest in excess of the rate of 9% per annum under Section 28 of the Act. We find no justification for the challenge. Award of interest @ 15% per annum for the period after the expiry of one year from the date on which possession is taken is in consonance with the proviso under Section 28 of the Act.

(4) We find no merit in the appeal.

(5) It is, therefore, dismissed>