Case Note & Summary
The petitioner, Shri Prakash Vasudeo Deodhar, challenged an order dated 13th June, 2003 passed by the Special Land Acquisition Officer (Minor Irrigation), Raigad-Alibag, and sought a direction for construction of a permanent Asphalt Road for approaching the remaining areas of his land. The core dispute pertained to the calculation of interest under Section 23(1A) of the Land Acquisition Act, 1894. The notification under Section 4 was issued on 16th January, 2001, and published on 21st March, 2001. The award under Section 11 was declared on 7th October, 2002. The petitioner contended that interest should be calculated for 630 days (from 16th January, 2001 to 7th October, 2002), while the respondents calculated interest for 566 days (from 21st March, 2001 to 7th October, 2002). The court noted that it was not in dispute that the notification was issued on 16th January, 2001, and the last date of publication was 21st March, 2001. The court held that the period for calculation of interest under Section 23(1A) commences from the last date of publication of the notification under Section 4, which is 21st March, 2001, and not from the date of issuance. Therefore, the respondents' calculation of 566 days was correct. The court dismissed the petition, finding no merit in the challenge.
Headnote
A) Land Acquisition - Interest Calculation - Section 23(1A) Land Acquisition Act, 1894 - Commencement of Interest Period - The period for calculation of interest under Section 23(1A) commences from the last date of publication of the notification under Section 4, not from the date of issuance of the notification. The court held that the expression 'publication' under Section 4 has been settled to be the last day of publication of such notification by catena of decisions. (Paras 3-4)
Issue of Consideration
Whether the period for calculation of interest under Section 23(1A) of the Land Acquisition Act, 1894 should commence from the date of issuance of notification under Section 4 or from the last date of publication of such notification
Final Decision
The petition is dismissed. The court held that the period for calculation of interest under Section 23(1A) of the Land Acquisition Act, 1894 commences from the last date of publication of the notification under Section 4, which in this case is 21st March, 2001, and not from the date of issuance of the notification. The respondents' calculation of 566 days is correct.
Law Points
- Interest under Section 23(1A) of Land Acquisition Act
- 1894 is to be calculated from the last date of publication of notification under Section 4
- not from the date of issuance of notification
