VIJAY COTTON AND OIL MILLS LIMITED Vs. STATE OF GUJARAT
LAWS(SC)-1990-12-9
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on December 06,1990

VIJAY COTTON AND OIL MILLS Appellant
VERSUS
STATE OF GUJARAT Respondents


Cited Judgements :-

STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. SITARAM BALU MALAGE [LAWS(BOM)-2017-5-183] [REFERRED TO]
STATE OF MAHARASHTRA VS. SAKHUBAI NAMU BHOYE [LAWS(BOM)-2017-5-184] [REFERRED TO]
RAYALA VENKATARATNAM VS. STATE OF AP [LAWS(APH)-2010-8-59] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJENDRA S/O NARAYANRAO GAIKWAD [LAWS(BOM)-2007-7-250] [REFERRED]
GANPAT GAJABA AVHAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-2-166] [REFERRED TO]
U P AVAS EVAM VIKAS PARISHAD VS. B B MATHUR [LAWS(ALL)-2003-3-96] [REFERRED TO]
L G ELECTRONICS LTD VS. USHA INDIA LTD [LAWS(DLH)-2007-5-13] [REFERRED TO]
SH. ZOMUANA VS. STATE OF MIZORAM [LAWS(GAU)-2016-1-52] [REFERRED TO]
OSMAN KHAN S/O ABDUL MAJID KHAN AND ANOTHER VS. STATE OF MAHARASHTRA [LAWS(BOM)-1994-2-76] [REFERRED TO]
G SWAMINATHA MUDALIAR VS. LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER TIRUNELVELI [LAWS(MAD)-1991-11-26] [REFERRED TO]
THE GROUP GENERAL MANAGAR, ONGC VS. AMBALAL BABULAL PATEL [LAWS(GJH)-2016-7-153] [REFERRED TO]
LILA GHOSH DEAD VS. STATE OF WEST BENGAL [LAWS(SC)-2003-11-28] [REFERRED]
M P HOUSING BOARD VS. JABBAR AND OTHERS [LAWS(MPH)-2016-9-93] [REFERRED]
STATE OF PUNJAB VS. BALWANT SINGH [LAWS(P&H)-2003-9-71] [REFERRED TO]
EXECUTIVE ENGINEER VS. VANSH MULSINH MOTISINH [LAWS(GJH)-2005-9-56] [REFERRED TO]
JOYDEB DUTTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2003-7-99] [REFERRED TO]
TATA CHEMICALS LIMITED BOMBAY VS. SADHU SINGH [LAWS(ALL)-1993-5-80] [RELIED ON]
STATE OF H.P. VS. JAI DEVI [LAWS(HPH)-1996-8-11] [REFERRED TO]
GOVERNMENT OF ANDHARA PRADESH VS. MUSALOKOPPU JANARDHANA [LAWS(APH)-2009-2-61] [REFERRED TO]
STATE OF MAHARASHTRA VS. GOPAL KALU UDAR [LAWS(BOM)-2017-5-87] [REFERRED TO]
STATE OF MAHARASHTRA VS. VALU GOPALA KASBE [LAWS(BOM)-2017-5-116] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. KRISHNA GOPALA ACHARI [LAWS(BOM)-2017-5-186] [REFERRED TO]
STATE OF C.G VS. DAU NIRANJANLAL GUPTA [LAWS(CHH)-2009-12-47] [REFERRED TO]
GOVERNMENT OF A P VS. L A O M R O HANAMKONDA [LAWS(APH)-1993-7-34] [REFERRED TO]
IN RE VS. STATE [LAWS(ET)-2011-11-2] [REFERRED TO]
R.S. PETER VS. COLLECTOR, LAND ACQUISITION [LAWS(MANIP)-2015-2-19] [REFERRED TO]
GENARAL MANAGER VS. MAHENDRASINH CHHATRASINH [LAWS(GJH)-2018-9-347] [REFERRED TO]
LAICHHINGI VS. NORTH EAST FRONTIER RAILWAY [LAWS(GAU)-2022-4-51] [REFERRED TO]
UNION OF INDIA VS. PRITAM SINGH [LAWS(P&H)-2004-5-84] [REFERRED TO]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. MANDIR NAR SINGH PURI [LAWS(P&H)-2013-12-169] [REFERRED TO]
S BALASUBRAMANIAN VS. STATE [LAWS(MAD)-2001-3-65] [REFERRED TO]
THE LAND ACQUISITION OFFICER-CUM-REVENUE DIVISIONAL OFFICER VS. SWAMINATHA MUDALIAR AND ORS. [LAWS(MAD)-1997-10-103] [REFERRED TO]
AFCONS INFRASTRUCTURE LIMITED VS. CHERIAN VARKEY CONSTRUCTION CO P [LAWS(KER)-2006-10-62] [REFERRED TO]
LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER VS. FREDRICK NORONHA [LAWS(KAR)-2003-8-47] [REFERRED TO]
STATE OF MAHARASHTRA VS. KASHIRAM BHAUDU HULGUNDE [LAWS(BOM)-2017-5-125] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. LALKHAN KAYANKHAN PATHAN [LAWS(BOM)-2017-5-188] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. KISAN FAKIRA JADHAV [LAWS(BOM)-2017-5-189] [REFERRED TO]
R. VANALALFAKA AND ORS. VS. THE DISTRICT COLLECTOR, KOLASIB DISTRICT, MIZORAM AND ORS. [LAWS(GAU)-2017-10-62] [REFERRED TO]
DEFENCE ESTATE VS. MOHD SULTAN MALIK [LAWS(J&K)-2005-9-21] [REFERRED TO]
JETHALAL GORDHANDAS SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2007-2-173] [REFERRED TO]
SATYABHAMABAI SITARAM DESHMUKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-1994-4-28] [REFERRED TO]
STATE OF U P VS. MATA DIN [LAWS(ALL)-2009-5-151] [REFERRED TO]
RANVEER SINGH VS. STATE OF U.P. THROUGH SECY. & ORS. [LAWS(SC)-2016-7-46] [REFERRED TO]
UNION OF INDIA & ANR. VS. PUSHPAVATHI & ORS.ETC. [LAWS(SC)-2018-2-10] [REFERRED TO]
STATE OF U P VS. SURENDRA KUMAR GUPTA [LAWS(ALL)-2007-11-162] [REFERRED TO]
STATE OF U P VS. GHANSHYAM SINGH [LAWS(ALL)-2014-5-220] [REFERRED TO]
STATE OF MAHARASHTRA VS. ASHOK MOTILAL SHAH (SINCE DECEASED) [LAWS(BOM)-2017-5-89] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. SHRIDHAR YESHWANT KASBE [LAWS(BOM)-2017-5-190] [REFERRED TO]
STATE OF BIHAR VS. BINOD SHANKAR SINGH [LAWS(PAT)-2011-1-79] [REFERRED TO]
UNION OF INDIA VS. RAMAWATAR [LAWS(RAJ)-2009-10-16] [REFERRED TO]
MIRFAZEELATHHUSSAIN VS. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION HYDERABAD [LAWS(SC)-1995-3-17] [FOLLOWED]
PATEL JOITARAM KALIDAS VS. SPL LAND ACQUISITION OFFICER [LAWS(SC)-2006-12-50] [REFERRED TO]
R L JAIN VS. DDA [LAWS(SC)-2004-3-29] [REFERRED TO]
R L JAIN VS. DDA [LAWS(SC)-2004-3-29] [REFERRED TO]
MAHANT ATMA RAM CHELA MAHANT SITA RAM VS. UNION OF INDIA [LAWS(DLH)-2001-9-54] [REFERRED 3.]
BHOLA NATH VS. UNION OF INDIA [LAWS(DLH)-1998-8-8] [REFERRED]
STATE OF MAHARASHTRA VS. WALCHANDNAGAR INDUSTRIES LTD [LAWS(BOM)-2008-11-102] [REFERRED TO]
KRISHNABAI VS. SPECIAL LAND ACQUISITION OFFICER [LAWS(KAR)-2004-7-8] [REFERRED TO]
UNION OF INDIA VS. PUSHPAVATHI [LAWS(MAD)-2009-7-650] [REFERRED TO]
NARENDRA DAIRY FARMS P LTD VS. LAND ACQUISITION OFFICER REVENUE DIVISIONAL OFFICER PALANI [LAWS(MAD)-2009-10-353] [REFERRED TO]
KRISHI UTPADAN MANDI SAMITI BAREILLY VS. MALIK SARTAJ WALI KHAN BAHADUR AND SHAHANSHAH WALI KHAN [LAWS(ALL)-1998-4-4] [REFERRED TO]
MASTAWKA VS. DISTRICT COLLECTOR [LAWS(GAU)-2015-8-114] [REFERRED]
OSMAN KHAN S O ABDUL MAJID KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-1994-9-38] [REFERRED TO]
STATE OF WEST BENGAL VS. BINITA DAS & ORS. [LAWS(CAL)-2016-5-109] [REFERRED TO]
STATE OF MAHARSHTRA VS. SHANKAR SHIVRAM HOLKAR (SINCE DECEASED) THROUGH LEGAL HEIRS PARVATABAI SHANKAR HOLKAR AND OTHERS [LAWS(BOM)-2017-5-53] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. EKNATH NAMU BHOYE [LAWS(BOM)-2017-5-182] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. SANTU SHIVRAM UDAR [LAWS(BOM)-2017-5-185] [REFERRED TO]
MANDAL REVENUE OFFICER SIRCILLA VS. J PRAVEEN RAO [LAWS(APH)-2010-1-25] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. KARIGOWDA [LAWS(SC)-2010-4-87] [REFERRED TO]
MEERUT DEVELOPMENT AUTHORITY VS. ABID HUSSAIN [LAWS(ALL)-2014-2-233] [REFERRED TO]
THE STATE OF MAHARSHTRA VS. PANDU RAMA UDAR (D)THR.L.RS.& ORS. [LAWS(BOM)-2017-5-55] [REFERRED TO]
UNION OF INDIA VS. RAJIV GUPTA [LAWS(DLH)-2001-10-17] [RELIED 16. AIR 1997 SC 1779. (RELIED) [PARA 44]]
RAM NATH VS. SPECIAL LAND ACQUISITION OFFICER IRRIGATION DISTRICT AZAMGARH [LAWS(ALL)-2007-7-178] [REFERRED TO]
THE SECRETARY, CORPORATE OFFICE VS. MR.SAMBASIVAM [LAWS(MAD)-2015-10-265] [REFERRED TO]
CHANABASAPPA SANGAPPA CHACHADI VS. KARNATAKA NEERAVARI NIGAM LTD. [LAWS(KAR)-2016-2-347] [REFERRED TO]
REVENUE DIVISIONAL OFFICER VS. SAROJA VICTOR AND A. VANAJA [LAWS(MAD)-2009-8-580] [REFERRED TO]
M GANGAPPA VS. DEPUTY COMMISSIONER [LAWS(KAR)-2004-6-27] [REFERRED TO]
UNION OF INDIA VS. KISHAN SINGH [LAWS(P&H)-2004-5-86] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. VADHER VAJABHAI GHANABHAI [LAWS(GJH)-2007-2-226] [REFERRED TO]
STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER, NASHIK VS. RAOJI RAGHO DIGHE [LAWS(BOM)-2017-5-187] [REFERRED TO]
CHANDER MAL VS. UNION OF INDIA [LAWS(DLH)-2006-5-238] [REFERRED TO]
STATE OF MAHARASHTRA VS. MALHARI S/O SAKHA CHANDANSHIVE [LAWS(BOM)-2008-1-381] [REFERRED]
ISHANANDA SARMA PHUKAN VS. DISTRICT COLLECTOR JORHAT [LAWS(GAU)-2009-11-35] [REFERRED TO]
TIPAK TAYENG VS. DEPUTY COMMISSIONER, PASIGHAT AND ANR. [LAWS(GAU)-2015-11-100] [REFERRED TO]
R LALHMINGSANGA VS. STATE OF MIZORAM AND OTHERS [LAWS(GAU)-2015-8-111] [REFERRED]
UNION OF INDIA VS. BHAN SINGH [LAWS(P&H)-2003-8-68] [REFERRED TO]
COMMISSIONER OF INCOME TAX FARIDABAD VS. GHANSHYAM [LAWS(SC)-2009-7-146] [REFERRED TO]


JUDGEMENT

Kuldip Singh, J. - (1.)The Vijay Cotton and Oil Mills Ltd. was the owner of 6 acres 38/1/2 Gunthas of land situated on the Bhachau-Rahapar Road in Kutch District. On November 19, 1949 the Government of Kutch took possession of the said land under an arrangement that the Government would give to the owner in exchange suitable land of equal value. The Government constructed on the land, a State Guest House and a CourtHouse. Thereafter the Government did not give any other land in exchange and instead decided to acquire the same. On February, 1 1955 the Government issued a notification under S. 6(1) of the Land Acquisition Act, 1894 (hereinafter called 'the Act) declaring that the land was needed for public purpose. The Collector awarded Rs. 5,075.44 rip as compensation. Feeling dissatisfied , the claimant asked the Collector to make a reference to the Court under S. 18 of the Act which was done. The learned District Judge found that the claimant was entitled to compensation on the basis of the market value of the land on the date of notification under S. 6 of the Act. He determined the same at the rate of Rs. 3 / - per square yard. He also awarded solatium at the rate of 15% and interest at 6% from February 1, 1955. The State preferred an appeal against the award of the District Judge before the High Court.
(2.)The High Court came to the conclusio that the compensation under the Act could only be determined on the basis of the market value of the land on the date of the notification under S. 4(1) of the Act and since no such notification was issued it was not possible to determine the amount of compensation payable under the Act. The claimant, after obtaining a certificate from the High Court, filed civil appeal in this Court. Taking into consideration the scheme of the Act this Court held that the notification dated February 1, 1955 issued under S. 6 of the Act could be treated as a composite notification under S. 4(1) and S. 6(1) of the Act and the District Judge could lawfully award the market value of the land on that day. The matter was, thus, remanded to the High Court for disposal on merit.
(3.)There were two questions for consideration before the High Court. Whether the compensation awarded by the learned District Judge at the rate of Rs.3/-persquare yard was wrong and if so to what extent. The second question was raised by the claimant wherein he claimed interest on the compensation amount from November 19, 1949 instead of February 1, 1955 as awarded by the District Judge. He contended that under Ss. 34 and 28 of the Act he was entitled to interest from the date the possession of the land was taken over from him.
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