CHANNARAJAMANNI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal is presented against the order of the learned single Judge, dismissing the writ petition presented by the appellant, in which she had prayed for the issue of a writ in the nature of mandamus, directing the respondents to pay interest for the period commencing from 31st March, 1974 to 10th April, 1975 in terms of S.34 of the Land Acquisition Act.

(2.) The facts of the case in brief are as follows :- The property belonging to one Devaraja Urs, the husband of the appellant was acquired by the State for locating the National Tuberculosis Institute, Sankey Road, Bangalore. An award fixing the amount of compensation payable to the appellant's husband was made. The award has been accepted by the appellant. The grievance of the appellant was that interest at the rate of 5 per cent per annum required to be given under S.34 of the Act was not given by the Government. A representation was made by the appellant to the respondent in this behalf. The Assistant Commissioner, by his letter dated 23-2-1978 vide Exhibit 'D' replied thus :-

(3.) The contention of the appellant is that the view taken by the learned single Judge that the appellant has to claim the interest by getting a reference under S.18 of the Act was erroneous. In our opinion, the contention of the appellant is well founded. Section 18 of the Act provides for seeking a reference, in a case, where the party concerned does not accept the compensation awarded by the Land Acquisition Officer. The claim of the appellant involved in this appeal is not higher compensation but arises consequent on acceptance of the compensation awarded. Therefore, the subject-matter of this appeal could not be a subject-matter of reference under S.18 of the Act.