STATE OF ASSAM Vs. JITENDRA KUMAR SENAPATI

JUDGEMENT

(1.) This is an appeal by certificate granted under sub-clause (a) of Cl. (1) of Art. 133 of the Constitution of India by the High Court of Assam and Nagaland against its judgment dated l7th March, 1970 accepting a petition under Article 226 of the Constitution of India which arose in the circumstances that follow.

(2.) The High Court was of the opinion that the agreement between the parties covered only the amount of "compensation" as described in the various sections of the Act including Sections 23 and 34 and that interest had to be paid on such compensation by reason of the statutory requirement enacted in that behalf by Section 34. The High Court, therefore, accepted the petition filed before it and held that the Collector was bound to pay to the respondents interest on the amount covered by the award at the rate of 6 per cent per annum from 30th March 1967 (being the date on which the possession of the land was taken over by the Collector) to the date of payment, i. e, 26th March 1969. It directed the Collector to dispose of the petition dated the 7th July 1969 made to him by the respondents in accordance with law.

(3.) The short point requiring determination by us is whether the agreement arrived at between the parties in February 1969 embraced only the "compensation" within the meaning of that term as used in the Act or covered also the payment of interest under Section 34 thereof. Having heard learned counsel for the parties we are of the opinion that the interpretation placed on the agreement by the High Court cannot be sustained and that the respondents are not entitled to any interest on the sum already paid to them.