COMMISSIONER REHABILLITATION AND RESETTLEMENT Vs. JAYASHREE A KOTTI

JUDGEMENT

(1.) AGGRIEVED by the order of the learned Single Judge dated 20. 08. 2003 whereunder following the decision in W. P. Nos. 27096-107/2003 dated 18. 07. 2003 directing the appellants herein to pay interest on the compensation awarded from the date of award till the date of payment of said amount, the present writ appeal is filed by the government. There is no much dispute so far as the facts are concerned. The petitioners whose lands were acquired and submerged in the Almatti project had approached this Court in the said writ petition seeking entitlement for award of interest from the date of taking over possession of the residential building which was not paid to them.

(2.) IN this regard, considering the pronouncement of the Apex court in the case of STATE OF MADRAS vs K. N. SHANMUGHA mudaliar and OTHERS' and on the basis of the submissions made by the learned Government Pleader appearing for the Government, the learned Single Judge held that the petitioners are entitled for award of interest on the compensation from the date of award till the date of payment. As there was no material to show exactly on what date the possession was taken, the learned Single Judge held respondents were entitled for interest from the date of taking possession.

(3.) IN the present appeal, Smt. V. Vidya learned AGA submitted that even though there is no material to show on what date the possession was taken and also the fact that in Section 28-A proceedings, the Special Land Acquisition Officer had erroneously noted the date of taking possession as 13. 8. 1997, which according to the learned AGA happens to be date of passing of award, the learned single Judge has committed an error in awarding the interest from the date of award in question. In this regard, she has relied upon a circular said to have been issued by the State dated 5. 11,2003 whereunder it is stated that as the Government Machinery is not providing correct information to the Courts as to the exact date of taking possession in respect of Almatti project and hence the date of taking possession should be taken as 27. 03. 1998 on which date, the land stood actually submerged underwater. Hence the learned AGA contends that in the absence of the records as to the possession, the learned Single Judge ought to have taken 27. 03. 1998 as the starting point of date for calculating interest on the award and in not doing so, the impugned award requires reconsideration.