# RATTI RAM v. UNION OF INDIA AND ANOTHER

- **Citation:** [2016] 2 S.C.R. 989
- **Court:** Supreme Court of India
- **Decided:** 2016
- **Case number:** Civil Appeal No. 11177 of2011
- **Bench:** Kurian Joseph, ROHINTON FALi NARIMAN
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ratti-ram-v-union-of-india-and-another-31096
- **Pages:** 3

## Headnote

Land Acquisilion Ac/, 1894 - s.28 - lnlerest on enhanced
compensa/ion - Statutory benefils u/s. 28 - Gran/ of - Land
acquisilion proceedings - Award passed by lhe Collector - Denial
of statu/ory benefits available under the Act lo the appel/anl-land
owner, in respect of the value of land fixed - Ground for denial was
that the proceeding initialed al /he inslance of the appellanl remained
stayed before the Reference Court - Held: These are not relevant
considera/ions or factors for the purpose of grant of stalutory
benefits - There is no exclusion of any period contemplated on
whatever account uls. 28 - Only reference is to the date of
dispossession - Liability to pay interesl starts to run from /hat date
-
Thus, the appellant shall be entitled to interest for the
compensation, as per s.28 r!w. s.23(1AJ in respecl of 1he land
acquired from him, on value at the rate of Rs. 76,5501- per Bigha
for the period of slay also.
Delhi Development Authority v. Bali Ram Sharma and
01her (2004) 6 SCC 533 - referred to.
Case Law Reference
c2004) 6 sec 533
referred to
Para 1

## Text

[2016] 2 S.C.R. 989
RATTI RAM
v.
UNION OF INDIA AND ANOTHER
(Civil Appeal No. 11177 of2011)
FEBRUARY 17,2016
[KURIAN JOSEPH AND ROHINTON FALi NARIMAN, JJ.]
Land Acquisilion Ac/, 1894 - s.28 - lnlerest on enhanced
compensa/ion - Statutory benefils u/s. 28 - Gran/ of - Land
acquisilion proceedings - Award passed by lhe Collector - Denial
of statu/ory benefits available under the Act lo the appel/anl-land
owner, in respect of the value of land fixed - Ground for denial was
that the proceeding initialed al /he inslance of the appellanl remained
stayed before the Reference Court - Held: These are not relevant
considera/ions or factors for the purpose of grant of stalutory
benefits - There is no exclusion of any period contemplated on
whatever account uls. 28 - Only reference is to the date of
dispossession - Liability to pay interesl starts to run from /hat date
-
Thus, the appellant shall be entitled to interest for the
compensation, as per s.28 r!w. s.23(1AJ in respecl of 1he land
acquired from him, on value at the rate of Rs. 76,5501- per Bigha
for the period of slay also.
Delhi Development Authority v. Bali Ram Sharma and
01her (2004) 6 SCC 533 - referred to.
Case Law Reference
c2004) 6 sec 533
referred to
Para 1
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11177
of201 l.
WITH
Civil Appeal No. 11178 of201 l
From the Judgment and Order dated 27.07.2011 in RFA No. 174
of2002 passed by the High Court of Delhi at New Delhi.
Ms. Shobha, Inder Singh .. \kanksha Kaushik, Shrey Dambhare,
Advs. for the Appellants.
989
A
B
c
D
E
F
G
H
990.
SUPREME COURT REPORTS
[2016] 2 S.C.R.
A
Vishnu B. Saharya, Viresh B. Saharya (For Mis Saharya & Co.)
Advs. for the Respondents.
The Judgment of the Court was delivered by
KURIAN, J. 1. In land acquisition proceedings pertaining to
Award No. 79 of 1982-1983 in respect of the land belonging to the
B appellants, this Court finally fixed the land value at the rate of Rs. 76,
5501- per Bigha, in the Judgment dated 03.08.2004 in Delhi Development
Authority v. Bali Ra;n Sharma and Other'.
2. Once the land value is fixed by the Court, it refers to the value
of the land as per the Award passed by the Collector. That should carry
C all eligible statutory benefits. It appears that in the case before us,.
statutory benefits have been denied for a short period on the ground that
the proceedings initiated at the instance of the appellants, remained stayed
before the Reference Court. To quote from Paragraph-4 of the impugned
judgment:
D
E
"Learned Counsel for the appellant, however, had submitted
that the learned trial court was not justified in declining the
relief of interest on the enhanced compensation for the period
during which the reference proceedings had remained stayed
sine die and that relief at least should be given by this Court.
However, this prayer of the appellant cannot be accepted since
he himself had got his reference proceedings before the trial
Court stayed sine die and the Government cannot be burdened
with the liability of interest for the delay in disposal of the
reference proceedings caused by the appellant himself"
. F
3. We fail to understand how the appellants could be denied the
statutory benefits available under the Land Acquisition Act, 1894
(hereinafter referred.to as "the Act") in respect of the value of this land
fixed, merely because there was a period of stay operating, may be in a
proceeding at the instance of the appellants. Those are not relevant
considerations or factors at all for the purpose of grant of statutory
G benefits available to a person, whose land has been acquired in terms of
Section 28 of the Act. Section 28 reads as under:
"28. Collector may be directed to pay interest on excess·
compensation. If the sum which, in the opinion of the Court,
the Collector ought to have awarded as compensation is in
H
1 t2004) 6 sec 533
RATTI RAM v. UNION OF INDIA AND ANOTHER
excess of the suri1 which the Collector did award as
compensation, the award of the Court may direct that the
Collector shall pay interest on such excess at the rate of nine
per centum per annum from the date on which he took
possessio.n of the land to the date of payment of such excess
into Court:
Provided that the award of the Court may also direct that
where such excess or any part thereof is paid into Court after
991
A
B
the date of expiry of a period of one year from the date on
which possession is taken, interest at the rate of fifteen per
cenf.t!.l?!.Per annum shall .be payable from the date of expiry of
the ·said period of one yearJJn the· amount of such excess or
C
part thereof which has not been paid into Court before the
date of such expiry. "
4. There is no exclusion of any period contemplated on whatever
account under Section 28 of the Act. The only reference is to the date cif
dispossession. Liability to pay interest starts to run from that date.
Therefore, these appeals are allowed. It is directed that the appellants
shall be entitled to interest for the compensation, as per Section 28 r/w
Section 23(1A), in respect of the land acquired from the appellants, on
value at the rate of Rs. 76, 550/- per Bigha for the period of stay also,
i.e., from 24.04.1997 to 27.09.2001.
5. We direct the Delhi Development Authority to compute the
amounts as above and deposit the same before the Executing Court
within a period of four weeks from today which shall disburse the amounts
to the appellants in accordance with faw.
6. there shall be no order as· to costs.
Nidhi Jain_
Appeals allowed.
D
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