LAND ACQUISITION OFFICER Vs. HEMANAGOUNDA

JUDGEMENT

(1.) Leave granted.

(2.) The only issue in these cases is whether interest u/s. 34 of the Land Acquisition Act, 1894 (for short, "the Act") was payable to the respondent landholders. According to the respondents, their land had been taken possession of by the appellants between 1968 and 1970. However, acquisition proceedings were initiated only on 2.02.1999 by issuance of a notification u/s. 4(1) of the Act. The land acquisition officer determined the compensation payable to the appellants at Rs. 28,000.00 per acre. The land acquisition officer, however, rejected the respondents' claim for grant of interest u/s. 34 of the Act on account of the appellants' possession of the respondents' land for the period prior to the date of the acquisition.

(3.) The respondents preferred a writ petition before the High Court. The High Court allowed the writ petition and directed payment of interest u/s. 34 of the Act on the awarded amount commencing from the period 1968/1970 till the date of payment. The Division Bench dismissed the appellants' appeal.