Krishan Singh v. Suba Singh Land Acquisition Officer Cum Sub Divisional Magistrate Moonak Dist Sangrur

-216. Therefore, impugned order dated 09.10.2017, to the extent it determines the compensation to be awarded to the petitioners as per the enhancement assessed by this Court upon vide decision dated 12.04.2008, is liable to be set aside. Respondent No 3 is directed to pass fresh award in accordance with 2013 Act by considering 01.01.2014 as the date of notification under Section 11 thereof, within a period of three months from the date of receipt of certified copy of this order.

17.

There is also substance in the argument raised by learned Counsel for the petitioners that possession was taken in 2007 itself and since then, the petitioners have been deprived from the beneficial use of their own land without any

-3compensation. Even in the present facts, the interest on the compensation award would be available to them only from the date of award and thus, in this situation, they are entitled to be granted damages / compensation from the date, possession was taken over from them. Reliance in this regard can be placed on R.L. Jain's case (supra) and other cases cited by the Counsel for petitioners. Relevant para of R.L. Jain's case (supra) is reproduced here under:

"18. In a case the land owner is dispossessed prior to the issuance of preliminary notification under Section 4(1) of the Act the Government merely takes possession of the land but the title thereof continues to vest with the land owner. It is fully open for the land owner to recover the possession of his land by taking appropriate legal proceedings. He is therefore only entitled to get rent or damages for use and occupation for the period the Government retains possession of the property. Where possession is taken prior to the issuance of the preliminary notification, in our opinion, it will be just and equitable that the Collector may also determine the rent or damages for use of the property to which the land owner is entitled while determining the compensation amount payable to the land owner for the acquisition of the property. The provision of Section 48 of the Act lend support to such a course of action. For delayed payment of such amount appropriate interest at prevailing bank rate may be awarded."

18.

Accordingly, respondent No 3 is also directed to determine the damages for use of the land to which the land owners are entitled in addition to determining the compensation amount payable to them in view of the discussion made hereinabove."

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