STATE OF KERALA Vs. C S AKSHMANAN

JUDGEMENT

(1.) This appeal at the instance of the State is directed against the judgment of the learned Single Judge in O.P. No. 12094 of 1993. The matter relates to compensation under the Land Acquisition Act. The facts necessary for disposal of this appeal are as follows.

(2.) Certain properties belonging to the respondents were acquired for a public purpose by the State. Invoking the urgency provisions under Section 17 of the Land Acquisition Act, advance possession of the land was taken by the State on 5-12-1991. Under Clause (a) of Sub-section (3A) of Section 17 of the Land Acquisition Act, whenever advance possession is taken by the State invoking the special powers under Section 17 in cases of urgency, the Collector was bound to tender payment of 80% of the compensation for such land as estimated by him to the persons interested entitled thereto. It is alleging that such amount was not paid that the Original Petition was filed by the respondents.

(3.) There was a dispute as to whether the amount was so tendered by the Collector to the respondents. Ultimately, pursuant to interim orders passed by the learned Single Judge in the Original Petition, the amount was deposited in Court and the respondents withdrew the same on 18-1-1994. Finding that there was default on the part of the State to pay the amount as enjoined by law, the learned Single Judge directed the State to pay interest on the said amount to the respondents at the rate of 9% for the period from 5-12-1991 to 4-12-1992 and at the rate of 15% for the subsequent years till 18-1-1994. In addition, the learned Single Judge also directed the State to pay interest at the rate of 15% p.a. on such interest amount payable for the period from 5-12-1991 to 18-1-1994. This judgment is under challenge in this Writ Appeal.