CHANDRAN Vs. SPECIAL TAHSILDAR L A

JUDGEMENT

(1.) This is an appeal filed by the writ petitioner. The point arising in this appeal is quite simple. The petitioner approached the Collector under S.28A of the Land Acquisition Act seeking redetermination of the amount of compensation on the basis of an award passed by the court under S.18 in regard to other lands covered by the same notification under S.4(1). The Land Acquisition Officer passed an award on 13-7-1993 in regard to the enhanced compensation payable under S.28-A in the case of the appellant. However, he did not grant interest specified in S.28 of the Land Acquisition Act, namely 9% for a period of one year from the date of taking possession and at 15% beyond that date. As the interest was not granted by the Land Acquisition Officer in respect of the enhanced compensation under S.28-A, the writ petitioner filed the present writ petition, seeking a direction to the Collector for payment of the above said interest at 9% for a period of one year from the date of taking possession, and at 15% beyond that date. The learned Single Judge dismissed the Writ Petition with liberty to approach the appropriate authority under S.28A(3). Thereafter the present appeal is filed.

(2.) In this appeal, we find that while S.28 applies to compensation redetermined under S.28A, the interest mentioned in S.28, namely, interest at 9% for a period of one year from the date of taking possession, and at 15% thereafter, is payable only upon the direction from the Court which takes up the case under S.18 of the Act. This is clear from the fact that under S.28 the Court gives direction to the Collector to pay interest at the above said rates. Inasmuch as it is for the court dealing with the case under S.18 to give the above said direction to the Collector for payment of interest, it will be necessary for the appellant to avail of his remedies under S.18 of the Act in a civil court seeking a reference in respect of interest disallowed to him. Inasmuch as the grant of interest is not at the discretion of the Collector and it is only upon the direction of the court, this Writ Petition seeking a direction to the Collector cannot succeed.