In Brief
The Supreme Court considered whether a claimant whose land allegedly came under water submergence in 1991 was entitled to interest and damages from that date, even though the formal land acquisition notification was issued only in 2007. The Court held that interest under the Land Acquisition Act can only run from the date of the section 4 notification onwards, not before. However, where land is taken into possession before notification due to submergence, the Collector may award damages for use and occupation for that prior period. The Court remitted the matter to the Collector to determine factually whether and when the land was submerged, and to fix damages accordingly, within six months."
The lawyer headnote and full judgment text are available to registered users.