MAHADEVA, SON OF LATE SIDDEGOWDA @ THAMMAIHA AND OTHERS Vs. THE SPECIAL LAND ACQUISITION OFFICER, RAMANAGARA SUB-DIVISION, RAMANAGARA DISTRICT - 571511 AND THE MANAGING DIRECTOR, CAUVERY NIRAVARI NIGAMA LIMITED, 3RD AND 4TH FLOOR, SURFACE WATER

JUDGEMENT

(1.) THE petitions coming on for preliminary hearing, are considered for final disposal. The Learned Counsel for the respondents however seeks time for filing objections and to verify the tenability of the petitioners' claim. The brief facts are as follows: Petitioners claim to be the owners of lands on the banks of the river Arkavathi at Kebbehalli village, Kasaba Hobli, Kanakapura Taluk, Ramanagara District. It is stated that the lands were acquired for the construction of the Arkavathi river dam project. The first respondent was the Land Acquisition Officer who had initiated the proceedings and the second respondent was the beneficiary of the same and was liable to pay the compensation. The notification under Section );">4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for brevity) was dated 30.07.1987 whereby the lands of the petitioners were said to have been notified. The acquisition was approved under Section );">6(1) a of the Act and a declaration under Section );">6(1) was issued on 9.3.1989. Thereafter, further proceedings such as the enquiry and survey of the lands was conducted and an award was passed as on 28.05.1991. Compensation at the rate of Rs. 10,000/ - per acre with such other statutory benefits was granted to the petitioners. The petitioners having approached the Reference Court seeking enhancement of compensation, it was enhanced to Rs. 85,000/ -per acre along with statutory benefits and interest, by a judgment dated 1.4.2005. An appeal preferred before this Court as against the same was dismissed and confirmed. The petitioners who did not seek re -determination of compensation under Section );">18 of the Act, had, however, filed an application within the time prescribed under Section );">28A of the Act, which was pending consideration and since the same was not disposed of, the petitioners had approached this Court by way of a writ petition in W.P. No. 3315/2008 which was allowed and respondents were directed to consider the application. It is thereafter a detailed enquiry had been conducted and the re -determined compensation as on 11.08.2008 was paid to the petitioners 'However, this amount was paid only as on 10.03.2011. It is the grievance of the petitioners that the petitioners are entitled to interest on the compensation amount from the date the possession is taken upto the date of payment. Since the interest paid is only upto 30.08.2008, the petitioners have been deprived of their due and therefore, there is a delay of 31 months in making payment, interest in respect of which has been deprived to the petitioners. It is this interest for the period from 30.08.2008 upto 31.03.2011 that the petitioners seek to claim.

(2.) THE Learned Counsel for the respondent No. 2 does not dispute the proposition that a land owner would be entitled to compensation from the date the land is taken possession of, till the date of payment and therefore, the amount having been paid as on 10.03.2011, the petitioners would be entitled to interest on the delayed payment from 30.08.2008 to 31.03.2011. But however, the Learned Counsel seeks to verify from the records of the second respondent if indeed the petitioners are entitled to such amounts. Therefore, since the claim of the petitioners cannot be denied on principle, the petitions are allowed subject to the second respondent verifying the claim of the petitioners with reference to the record and thereafter making payment of appropriate interest for the delayed payment without further delay. Therefore, the Respondent No. 2 is directed to forthwith refer to its record and meet the claim of the petitioners., in any event, within a period of six weeks from the date of receipt of a certified copy of this order.