- (1.) LEAVE granted.
(2.) THE appellants' land was acquired in pursuance of preliminary notification dated 3.7.1990 and final notification dated 18.10.1990 for the public purpose of providing plots to persons belonging to weaker sections. Possession of the acquired land was however taken over on 17.11.1977. The Land Acquisition Officer, by his award dated 21.3.1991, offered compensation at Rs.110/- per sq. yard. The Reference Court, by its judgment dated 30.12.1999, affirmed the said rate of compensation. On appeal to the High Court, by the impugned judgment dated 13.10.2008, compensation was increased to Rs.160/- per sq. yard. The Reference Court apart from awarding solatium, also awarded additional amount on the market value at the rate of 12% per annum from 17.11.1977 to 3.7.1990. The Reference Court awarded interest at 9% per annum from 17.11.1977 for a period of one year and at the rate of 15% per annum from 17.11.1978. The High Court while increasing the compensation as above, held that the appellants were not entitled to additional amount under Section 23(1A) of the Land Acquisition Act, 1894 ('the Act', for short). The High Court also held that appellants were not entitled to interest from 17.11.1977 but only from the date of preliminary notification namely, 3.7.1990. The said judgment is under challenge in this appeal by special leave.
(3.) LEARNED counsel for the appellant did not challenge the correctness of the compensation determined at Rs.160/- per sq. yard. His grievance was only in regard to the denial of additional amount under Section 23(1A) of the Act and denial of interest from the date of possession till the date of preliminary notification. Re: Additional Amount;