M GANGAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) PETITIONER is the owner of the lands in Survey Nos. 27/1 and 27/2 each measuring 4 Acres and 5 Guntas situated at Hoisanahalli Village, Hallaluru Hobli, Shimoga Taluk, Shimoga District. The respondents took possession of the said property in the year 1960 without initiating acquisition proceedings. After taking possession of the lands as above, sites have been formed and allotted to certain persons who have constructed their houses on the said sites. Since the respondents have taken possession of the lands without initiating acquisition proceedings, petitioners made representations to the respondents for grant of compensation. Therefore, second respondent issued a preliminary notification under Section 4 (1) of the Act dated 30. 11. 1999, published in the Gazette on 30. 12. 1999, followed by a final notification dated 18. 7. 2000 published in the Gazette on 17. 8. 2000. Learned Counsel for the petitioner has produced a copy of the preliminary notification. In the note to the said notification it is stated that the possession of the lands was already taken for shifting of a village and for Tunga right bank project. Since the petitioner was not awarded any compensation, he filed Writ Petition No. 36474/2000 for a mandamus directing the respondents to pass an Award. This Court by the Order dated 13. 1. 2001 directed the Special Land Acquisition Officer to pass an Award in accordance with the provisions of the Land Acquisition Act within a period of six months from the date of the order. Thereafter, second respondent has passed an Award on 26. 5. 2001 awarding a total compensation of Rs. 4,94,990/ -. The second respondent did not pass any Order for Payment of interest as per section 34 of the Land Acquisition Act. The relevant portion of the Award is as follows: "in addition to the above Rs. 4,94,990/- 23 (1a) additional market value at the rate of 12% on the award amount will be paid subject to the approval of the Deputy Commissioner, Shimoga. Interest on the award amount as per Section 34 of the Land Acquisition Act is not considered as per the letter No. R1. LAQ. SR. 1/99-2000 dt. 10. 5. 2001 of the Deputy Commissioner, Shimoga. " since the second respondent did not award interest as per Section 34 of the Land Acquisition act, petitioner has filed this Writ Petition for a direction to the respondents to pay interest as per section 34 of the Land Acquisition Act on the award amount from the date of taking possession till the date of deposit. Learned Counsel for the petitioner does not press the other reliefs claiming additional compensation under Section 23 (1a) of the Act, as the same is already awarded by the Land Acquisition Officer.

(2.) THE State has filed its objections. It is not disputed that possession was taken earlier to the date of preliminary notification. However, the respondents have disputed the claim of the petitioner for payment of interest as per Section 34 of the Act.

(3.) HEARD the learned Counsel for the parties and perused the materials placed on record.