1995 (8) TMI 304

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....MENT : An interesting question has been raised by Shri Nagaraja, learned counsel for the petitioner, in this case. The admitted facts are that the petitioner had taken possession of the lands on 23.1.1971, but the notification under s. 4(1) of the Land Acquisition Act (for short, 'the Act') was published in the Gazette on 2.8.1984. The award came to be made by the Land Acquisition Officer on 15....

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....der the expressions "commencing on and from the date of publication of the notification" and "whichever is earlier" would be relatable to the date of the notification published under s. 4(1). of the Act and the date of passing of the award by the Collector and not anterior to the date of publication of the notification under s.4(1). Therefore, the owners of the land are not entitled to additional ....

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....t of such land up to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. At times, after publication of the notification under s. 4(1), by invoking power of urgency under s. 17(4), possession is taken before making the award. The additional amount at 12% per annum was intended to be paid as compensation from the date of taking possession. B....

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....was taken before the publication of notification under s. 4(1), which was never questioned by the owners in a court of law, the claimants, by necessary implication are entitled to the payment of the additional amount by way of compensation from the date of taking over the possession for loss of enjoyment of the land. A different situation may arise where the claimants themselves may question the n....