TMI Blog1984 (8) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... and in the proceedings which followed the land Acquisition officer determined a sum of ₹ 27,992.84 as compensation payable therefor. Possession of the land was taken thereafter. On reference made at the instance of the appellants, the learned District Judge held by his judgment dated November 30, 1963 that the appellants were entitled to a further sum of ₹ 11,307.10 as compensation. Dissatisfied with that determination, the appellants proceeded in appeal to the High Court, and on March 8, 1977 the High Court held that the appellants were entitled to a further amount of ₹ 17,919.30 as compensation. The High Court also held that the appellants were entitled to interest at the rate of 4 per cent per annum on the enhanced amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er rate of interest at 6 per cent per annum was attracted, and interest at that rate ruled from the date possession was taken to the date of payment. But on the amount of ₹ 17,919.30 representing the enhancement by it the High Court applied the rate of 4 per cent per annum from the date possession was taken and 6 per cent per annum from the date of its judgment awarding that amount. The High Court seems to have proceeded on the view that the right to this amount of ₹ 17,919.30 as compensation arose to the appellants only from date of its judgment. We are of opinion that the High Court has erred. It is apparent from the impugned order of the High Court that it has found the appellants entitled to interest at the rate of 4 per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicial structure by the very nature of things it take sometime before the true value can be finally determined. The fact that it is determined later does not mean that the right to the amount comes into existence at a later date. And if, as the High Court has held, interest at 6 per cent per annum rules from the date procession was taken in the case of compensation determined by the learned District Judge, there is no reason why the same rate should not be applied from the date possession was taken in the case of the enhancement effected by the High Court. We hold that the appellants are entitled to interest at 6 per cent per annum on the amount of ₹ 17,919.30 for the entire period from the date possession of the land was taken to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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