KORUTHUKOCHUKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Properties belonging to the petitioners in these Original Petitions have been acquired for the Kallada Irrigation Project. Petitioners are aggrieved for the reason that interest as provided under S.34 of the Land Acquisition Act was not granted when award was passed under S.28A of the Land Acquisition Act. Applications under S.28A of the Act were filed by the petitioners since enhanced compensation was granted by the reference court for the lands acquired under the very same notification.

(2.) R.12A(vi) of the Land Acquisition (Kerala) Rules provides that when there is redetermination of the amount of compensation under S.28A of the Land Acquisition Act on the basis of the award passed by Court in respect of property covered by the very same notification no interest shall be paid for the amount awarded under S.28A. When passing award under S.28A of the Land Acquisition Act interest was not awarded on the compensation amount in the light of the fact that there is prohibition under the above Rule in awarding interest on the amount of compensation payable under S.28A of the Act. O. P. No. 24357 of 1998 was amended by incorporating a prayer for quashing R.12A(vi) of the Land Acquisition (Kerala) Rules. In all the Original Petitions, there is a prayer for directing respondents to disburse interest as provided under S.34 of the Land Acquisition Act on the enhanced compensation awarded under S.28A of the Land Acquisition Act.

(3.) The contention raised by the 2nd respondent is that when awarding compensation under S.28A of the Land Acquisition Act, no interest can be awarded since there is clear provision in the Land Acquisition (Kerala) Rules which says that no interest shall be paid for the amount awarded under S.28A of the Act. It is in the light of the above contention raised by the 2nd respondent that a prayer was incorporated in O. P. No. 24357 of 1998 by way of amendment to quash the above Rule.