Does extending parity of compensation under Article 142 also entitle claimants to interest for the period of their own delay in pursuing the claim?
Coram: S.V.N. Bhatti; N.V. Anjaria
No. The Court held that the appellants were not entitled to interest for the 4,427 days of delay attributable to their own conduct, even while extending them the enhanced principal rate of compensation.
Land Acquisition Act, 1894 — s.4(1) — Constitution of India — Art. 142 — Parity of compensation — Delay — Constitution of India — Art. 142 — Parity across same notification — Held: Compensation for land under the same Notification had already been fixed at Rs. 6,50,000 per acre and approved by this Court. Exercising jurisdiction under Article 142, that rate is extended to the Appellants despite the abnormal delay in their own proceedings. (¶10) Land Acquisition Act, 1894 — Interest — Claimant's own delay excluded — Held further: No interest is payable for the 4,427 days of the Appellants' own delay. Civil Appeals allowed on that basis. (¶11, 12)
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