8.1. The Apex Court in SURESH D.BANKAPUR v. STATE OF
KARNATAKA supra considers the fact where possession is taken
three years prior to the payment of compensation and exercising its
power under Article 142 of the Constitution of India, grants interest
on delayed payment of compensation as follows:
8.1. The Apex Court in SURESH D.BANKAPUR v. STATE OF
KARNATAKA supra considers the fact where possession is taken
three years prior to the payment of compensation and exercising its
power under Article 142 of the Constitution of India, grants interest
on delayed payment of compensation as follows:
5. Per contra, learned counsel appearing for the
respondents submits that the award passed in respect of
property in question is a consent award, and therefore,
the appellants are not justified in seeking enhancement
of compensation amount. They submit that the Division
Bench of this Court in the case of Suresh D.Bankapur
vs. State of Karnataka & Others in
W.A.No.30007/2013 & connected matters disposed
of on 28.03.2013 has considered the similar question and
5
has held that in a case of consent award, the land
owners' cannot challenge the compensation amount
awarded to them.
8. The appellants have failed to demonstrate the
basis and to why they are not bound by the judgment passed
in Suresh D. Bankapur's case insofar as the petitioners are
concerned, more particularly having regard to the fact that
the lands of the petitioner are also acquired under the same
notification and are adjacent to the lands of the other land
losers.
damages at 15% per annum as directed by the
Hon'ble Apex Court in Suresh D Bankapur Vs.
State of Karnataka and others, WP
No.64214/2012 from 18.8.2008 till 29.12.2010
in favour of the petitioner on the amounts of
compensation already received by the
petitioner as expeditiously as possible and
within a period of three months from the date
of receipt of certified copy of this order.