SHANTHA KUMARA SWAMIGALU Vs. SPL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This is a revision by the claimant against the order dated 20-3-1981 passed by the XIII Additional Judge, City Civil Court, Bangalore, in L.A.G. 1435 of 1980 dismissing the interim application filed by the claimant under Sections 151, 152 and 153 of the Code of Civil Procedure.

(2.) Survey No. 96/1 of Saneguruvanahally measuring 5 acres 14 guntas belonging to the claimant D.B. Shantha Kumara Swamigalu, Matadhipathi of Shankara Devaru Mutt, was acquired by the Land Acquisition Officer. The Land Acquisition Officer awarded compensation at the rate of Rs. 10,000/- per acre. Thus the amount of compensation awarded came to Rs. 55,832-50. It included solatium also. Subsequently, the Land Acquisition Officer referred the matter to the Civil Court under Section 18 of the Land Acquisition Act. The Civil Court enhanced the compensation to Rs. 15,000/- per acre and the total compensation came to Rs. 92,287/50 including the statutory allowance. The Court passed an order regarding interest to the following effect" The claimant is entitled to interest at 5% per annum on the enhanced compensation of Rs. 36,455/- from 24-7-1972 the date of taking possession." According to the petitioner, he had not received the compensation of Rs. 55,832-50 awarded by the Land Acquisition Officer. The contention of the Land Acquisition Officer that he has deposited the said amount in the office of the Tahsildar, who is a Muzrai authority, is no payment to the claimant at all. Therefore, the statutory interest ought to have been given on the entire amount of compensation, but not on the enhanced compensation only. Hence, according to him, the Civil Court committed an error apparent on the face of mistake, because Section 34 of the Land Acquisition Act is a statutory mandate imposed on the Court. Thus, he filed the present application under Sections 151, 152 and 153 of the Code of Civil Procedure, requesting that interest should be awarded on the entire compensation amount of Rs. 92,287-50.

(3.) It was resisted by the respondent Land Acquisition Officer.