SHIVAJI BHEMJI GOL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) Under Section 18 of the Act, a person interested in the award is entitled to make a Reference to the Court. It is settled legal position that an award can be questioned with respect to the amount by any person interested. Reference can be made as contemplated under Section 18, and not otherwise. Section 31 requires that on making the award under Section 11 the Collector has to tender the payment of compensation awarded by him to the persons interested entitled thereto according to the award. For payment, Section 31 of the Act is to be strictly followed. In this case, there is nothing to show that sub section 1 of Section 31 was not required to be followed. There is nothing to show that the Collector was prevented by any one or more of the contingencies mentioned in sub-section (2) of Section 31 of the Act. If the amount of compensation is not paid before taking possession, then for interest. Section 34 of the Act will apply, which reads as under :

(3.) In spite of the position of law being made amply clear in the Act and the fact that the award is required to be implemented, on one pretext or the other, the respondents are avoiding implementation of the award. Mr. Shastri, learned Advocate for the petitioners has placed before us a xerox copy of a letter dated 16-3-1995 addressed to the Deputy Secretary (Budget), Roads & Buildings Dept., wherein it is indicated that considering the date on which the possession of the land is taken and Section 34 of the Act, as per the award, the amount of interest payable is Rs. 3,85,781/- and accordingly grant is sought. Along with the letter, a table showing the figures as worked out is also annexed. Thus, it is clear to us that the Special Land Acquisition Officer as well as the officer while making the proposal to the Deputy Secretary, Roads & Buildings Department were aware about the position of law, but for the reasons best known to the Government, the amount sanctioned is only Rs. 1,55,226/-. It appears that as per the whims of the officer concerned, the amount is calculated, in gross disregard to the award passed by the Special Land Acquisition Officer and the provisions of the Act, and the interest is calculated only at 4.5% for one year from the date of taking possession and only at .6% thereafter as against 9% for the first year from the date of taking possession and thereafter at 15% till the amount is paid as awarded by the Special Land Acquisition Officer.