Summary
The Supreme Court retained the enhanced land-acquisition compensation but denied interest on that enhancement for the claimants’ delay of five and a half years in appealing. The unchallenged condonation order did not prevent that adjustment, even though it had imposed no interest condition. The acquiring public body could not be burdened with interest for delay not attributable to it. The remainder of the High Court’s judgment and award was confirmed.
Issues
- Whether unconditional condonation of the claimants’ delayed appeals required interest on enhanced compensation for the delay period.
Held
- Condonation had attained finality and enhancement at parity with similarly situated owners was not disturbed. The live dispute concerned the consequences of the claimants’ lengthy delay for interest. (¶ 4)
- Absence of an interest-exclusion condition when delay was condoned did not require the public acquiring body to pay interest on enhanced compensation for delay not attributable to it. The enhancement and remaining award could be preserved while excluding that interest. (¶¶ 4.1, 4.2)
Result
Appeals partly allowed. High Court award modified only to deny interest on enhanced compensation for the period of delay in preferring the appeals; the rest of the judgment and award confirmed. No costs.