- (1.) I have heard Sri Udaibhan, learned Standing Counsel for the appellant and Sri S.D.Shukla, who appears for the claimant/respondent. Sri Shukla, however, submits that he has no instructions in the matter.
(2.) IN this appeal under Section 54 of the Land Acquisition Act the judgment, order and award dated 28.2.1995 passed by the X Additional District Judge, Allahabad in LAR No.13 of 1991 has been assailed on the limited ground that the reference court has awarded interest on compensation for the period prior to the date of notification under Section 4(1) of the Land Acquisition Act (in short 'Act') which is not permissible in law. The notification under Section 4(1) of the Act was issued on 7.12.1987 but admittedly and as per the findings of the reference court possession of the land was taken over in January, 1982. The reference court while enhancing the rate of compensation has awarded interest on it from January, 1982 for a period of one year at the rate of 9% and thereafter at the rate of 15% p.a.
(3.) THE short question arising in this appeal is whether the reference court is justified in allowing interest on compensation for the period prior to issuance of notification under Section 4(1) of the Act.;