MUDALAGIRIGOWDA Vs. THE SPECIAL LAND ACQUISITION

JUDGEMENT

(1.) Petitioners contend that their father was the owner of land bearing Sy. No. 199/1 measuring 30 guntas of Kodigenahalli, Kasaba Hobli, Gubbi Taluk. A preliminary notification dated 14.02.2002 was issued for acquisition of the said land for formation of Hemavathy Canal. This was followed by a final notification dated 05.03.2003. Respondent passed an award determining the compensation. Their father sought reference of the matter under Section 18(1) of the Land Acquisition Act for enhancement of the compensation. The reference was registered as LAC. No. 491/2006 on the file of the Senior Civil Judge and JMFC, Gubbi. The reference Court has enhanced the compensation in terms of judgment and award as per Annexure-B dated 19.10.2012. Petitioners made an application under Section 152 of the Code of Civil Procedure seeking correction of the award. The contention put forth by the petitioners is that possession of the land was taken on 03.04.1998. Therefore, they are entitled for interest from the said date. Interest was awarded only from the date of preliminary notification dated 14.02.2002. The application was dismissed by the trial Court by its order at Annexure 'D' dated 06.02.2013. Petitioners have challenged the validity of the said order in this writ petition.

(2.) Sri S.C. Vijaykumar, learned counsel for the petitioners submits that possession of the land has been taken on 03.04.1998. Though the preliminary notification was issued on 14.02.2002, petitioners are entitled for interest on the compensation amount from the date of taking possession i.e., 03.04.1998. The dismissal of the application by the court below to that extent is incorrect.

(3.) Learned HCGP appearing for the respondent submits that petitioners are not entitled for interest from the alleged date of taking possession of the land. They are entitled for interest from the date of issuance of preliminary notification.