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1995 DIGILAW 827 (SC)

Mir Fazeelath Hussain (Dead) v. SPL, Deputy Collector, Land Acquisition, Hyderabad

1995-07-25

K.RAMASWAMY, K.S.PARIPOORNAN

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JUDGMENT : 1. This Court appreciating the evidence for further enhancement by the judgment reported in 1992(3) SCC 239 Mir Fazeelath Hussain & Ors. v. Special Deputy 'Collector, Land Acquisition, Hyderabad upheld the belting principle and also the compensation awarded to various lands at different rates for various cetegories enumerated by the High Court. But on the question of entitlement for payment of interest the learned Judges differed. Consequently the matter came to be referred to three Judges' Bench. A Notification under Section 4(1) was published on August 25, 1963 and the award of the Collector under Section-11 made on June 6, 1968. The reference was answered by the Civil Court by its award and decree dated August 30, 1972. Consequently, the three Judges' Bench in its order reported in Judgment Today 1995(3) S.C.410 held that the claimants are entitled to only interest under. unamended Section-28 at the rate of 6% per annum on the enhanced compensation from the date of taking possession, till the date of payment. After answering, the matter has been referred for disposal. 2. Having regard to the fact that even the award of the Reference Court was in August 30, 1972 the claimants are not entitled to the payment of interest at the rate of 9% as answered by the three Judges' Bench. Accordingly the appeal is dismissed but in the circumstances without costs.