SPECIAL LAND ACQUISITION OFFICER, MALAPRABHAPROJECT IV, RAMDURGA v. VIRUPAXIGOUDA LINGANAGOUDA PATIL
1996-10-10
M.F.SALDANHA
body1996
DigiLaw.ai
M. F. SALDANHA, J. ( 1 ) HEARD learned Government Advocate. The only point in volved in this civil revision petition is as to whether the lower Court was justified in having treated the date of dispossession as the starting point for purposes of computation of interest. Learned government Advocate submitted that such starting point can only be at any stage after the date on which the preliminary notification is issued and that therefore, the objections were filed in the lower Court pointing out that the original order was correct and that the application for award of interest from the date of dispossession was not maintainable. This is one more of the cases in which the authorities, on the ground that the land was urgently required for public purpose, dispossessed the claimants something like four years before the date on which the notification was issued. In this background, it is submitted by the learned Government Advocate that there was valid justification for taking possession at an earlier date and that therefore, this period will have to be ignored. I find it impossible to accept this argument because admittedly citizens land has been taken over by the State. At the stage at which this was done, there was no notification under the Land Acquisition Act and under normal circumstances, the take over itself or the dispossession would have had to be struck down as being downright illegal. Obviously, the claimants who are poor farmers were helpless as has happened in all these cases and therefore, they put up with the illegality which was sought to be cured four long years later by issuing the notification and commencing proceedings under the Land Acquisition Act. This action is hardly a cover for the earlier illegality but the Court has proceeded on the footing that it is some sort of a corrective action. It is precisely in order to take note of the loss caused to a citizen in such cases that the Land Acquisition Act makes provision for the computation of interest from the date of dispossession and not from the date on which the notification may have been issued. ( 2 ) IN this background, the order passed by the lower Court is up held. In any case, there was no interim order granted by this court and therefore, the enhanced interest must have already been paid.
( 2 ) IN this background, the order passed by the lower Court is up held. In any case, there was no interim order granted by this court and therefore, the enhanced interest must have already been paid. If that has not been done, the petitioners are directed to pay the same forthwith. The lower Court shall verify from the record and ensure that if the respondents have not received the amount due to them, that the same is secured from the petitioners and paid to them. Civil revision petition fails and stands disposed of. No order as to costs. ( 3 ) THE learned Government Advocate shall forward a copy of this order to the Secretary of the Department who shall ensure that the same is widely circulated to all officers concerned with land acquisition proceedings. It is also necessary to caution the department that if any such illegalities are indulged in, particularly where poor persons from the rural areas are concerned, that this Court will have to treat the dispossession of the land up to the date when the notification has been issued as a forcible dispossession without due sanction of law in which case the Court will compute the market value of the land and award exemplary damages in respect of that period instead of merely awarding the interest. --- *** --- .