Summary
The Supreme Court directed the Collector to determine whether the claimant’s land had submerged before acquisition and to assess damages for the pre-notification period. The alleged loss of possession from 1991 was disputed and had not been categorically established. If prior submergence was found, Section 34 interest would also run from the Section 4 notification to the award. Pre-acquisition use or deprivation was to be addressed through damages, rather than statutory interest for that earlier period.
Issues
- Whether the claimant was entitled to pre-acquisition damages and statutory interest before the award in light of disputed earlier submergence.
Provisions considered
- Section 34, Land Acquisition Act, 1894Statutory interest was distinguished from pre-notification damages; on proof of earlier submergence, interest would also run from the Section 4 notification until the award. (¶¶ 12, 13, 16)
Held
- Where possession precedes the preliminary acquisition notification, rent or damages may compensate the deprivation; statutory interest under Sections 28 or 34 does not run for the pre-notification period. The Collector may determine the earlier use-and-occupation claim. (¶¶ 6, 7, 9, 10)
- The record contained no categorical finding that this land submerged from 1991, and cultivation evidence and the duration and location of submergence required examination. Entitlement to damages depended on those facts. (¶¶ 14, 15)
- The Collector was to hear the parties and evidence, ascertain submergence and assess damages for the period from 1991 to the notification. If pre-notification submergence was established, Section 34 interest would additionally be payable from notification to award. (¶ 16)
Result
Appeal disposed of with directions to the Collector to determine the submergence and damages questions within six months after hearing the parties and evidence; additional Section 34 interest from notification to award conditional on the stated finding of prior submergence.