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september 1995

Supreme Court of India · 1995-09-12

SHRI KISHAN DAS & ORS. vs THE STATE OF U.P. & ORS.

Citation / case number
SC 1981/63725
Court
Supreme Court of India
Petitioner
SHRI KISHAN DAS & ORS.
Respondent
THE STATE OF U.P. & ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court dismissed the appeal regarding compensation under the Land Acquisition Act, 1894, specifically referencing Sections 4(1), 6, 34, 23(1-A), and 28. The Court held that the State's liability to pay interest arises only when possession is taken and the compensation is not deposited, which was not the case here as the amount was deposited after the award was passed. The Court clarified that Section 23(1-A) serves as a set-off for delays in awards, thus reinforcing the principle that compensation must be timely and not penalize the State for procedural delays.

SHRI KISHAN DAS & ORS. vs THE STATE OF U.P. & ORS. · Niyam