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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.13914 OF 2024
(Arising out of SLP(C)No.4614 OF 2021)
UNION OF INDIA … APPELLANT
Versus
RAJA & ORS. … RESPONDENTS
O R D E R
1. Leave granted.
2. The short question that falls for consideration in the present
appeal is whether the High Court, vide its impugned judgment and
order dated 15.10.2019, was justified in awarding additional
interest at the rate of 15% p.a. on the amount of damages, held to
be payable to the respondent-land owners for their land admeasuring
65 Kanals and 5 Marlas, situated at village Khandipahari, Tehsil
Kulgam, Union Territory of Jammu and Kashmir.
3. The facts are not in dispute. The possession of the subject
land was taken at least with effect from 09.03.1978, if not
earlier, and the land was handed over to the Army authorities
through Military Estates Officer, Srinagar, for construction of
residential units for married personnel of 15 Corps of the Army.
While the Army remained in possession of the land, the acquisition
process thereof commenced only on 18.09.1985 when a Notification
under Section 4(1) of J & K Land Acquisition Act, 1990 (for short,
`the State Act’) was issued. It was followed by a declaration
under Sections 6 and 7 of the State Act, published on 06.06.1989.
Thereafter, the District Collector issued notice under Section 9 of
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the State Act on 30.06.1989 inviting...