AYYANNA SIDDEGOWDA Vs. DEPUTY COMMISSIONER, MANDYA DISTRICT

JUDGEMENT

(1.) THE petitioner has raised the challenge to the first respondent Deputy Commissioner's circular, dated 7.5.2012 (Annexure - F) directing the second respondent to award the interest only from the date of the receipt of the application under S.28 - A of the Land Acquisition Act, 1894 ('the said Act' for short). The said circular is issued as the awarding of additional interest is imposing a heavy burden on the Government.

(2.) AS this case involves no disputed questions of facts and as it involves the pure question of law, the advertance to the facts of the case may not be necessary. The question that falls for my consideration is "Whether the applicant for the re - determination of the amount of compensation under S.28 - A of the said Act is entitled to interest from the date of making the application or from the date of taking the possession of his land?"

(3.) IT is necessary to refer to the relevant statutory provisions. S.28 and S.34 of the said Act prescribe that the interest on the compensation be paid from the date on which the Collector (Deputy Commissioner) takes the possession of the land. In this regard, this Court in the case of Mehboob Sab and others v. The Special Land Acquisition Officer, Bijapur reported in ILR 2003 Kar 3120 : (2003 AIR Kant HCR 2843) has taken the considered view that in all the cases where the application for the re - determination of the award is filed under S.28 - A of the said Act, the applicant is entitled to the interest as per S.34 of the said Act on the re - determined award in excess of the sum which the Deputy Commissioner awarded as compensation, from the date of taking possession of the property.