HISSAR IMPROVEMENT TRUST Vs. RUKMANI DEVIAND ANOTHER

JUDGEMENT

(1.) - This appeal by the Improvement Trust (the second respondent in the proceedings in the High Court) is against the judgment of the Punjab and Haryana High Court upholding the respondent-landowner's claim to interest which the High Court directed the Executing Court to determine. The proceedings in the High Court arose in a Revision Petition filed by the landowner against the order of the Executing Court disallowing her claim to interest, It must be noticed that before the Executing Court, the State of Haryana was the sole respondent. It was only in the High Court proceedings that the present appellant-the Trust was impleaded as a second respondent.

(2.) Counsel for the appellant submits that whatever amount was payable under the Award had been deposited by the appellant with the Collector for payment of compensation. The deposit had been made prior to the taking of possession under the Award. However, the High Court has now found, counsel submits, that the appellant is jointly and severally liable to pay, the interest to the landowner.

(3.) Section 31 of the Land Acquisition Act, 1894 provides for payment of compensation or deposit of the same in Court. The section requires that the Collector should tender payment of the compensation awarded by him to the persons interested. If for reasons mentioned in that section the compensation has not been paid, the Collector should deposit the amount of the compensation in the Court to which reference can be made under Section 18 of the Act. Section 34 provides for payment of interest in the event of compensation, which has to be paid or deposited in the Court as provided under Section 31, being not so paid or deposited before taking possession of the land.