KANDASAMY Vs. DISTRICT COLLECTOR SALEM

JUDGEMENT

(1.) THE petitioner Kadasamy has come forward to this court by filing the present writ petition filed under Article 226 Constitution of India seeking writ of mandamus to direct the 2nd respondent to pay the entire amount of compensation awarded for the lands acquired from the petitioner i.e, 0.87.5 hectares (2.16 Acres) in S.No.248/282 in Manjakkalpatty Village, Sankari Taluk, Salem District with interest at 15%p.a as per section 34 of the Land Acquisition Act, 1984.

(2.) THE learned counsel appearing for the petitioner has made two submissions :

(3.) IT is also informed to this Court that the rate of interest is 9% for the first one year and thereafter 15% is made applicable in respect of the awards passed on or after 30.04.1984. Before that date, the rate of interest was 4% for the first year and 6% thereafter. But, as per the provisions of Sections 31(2) and 34 of the Land Acquisition Act, the petitioner is certainly entitled to interest as per the law that existed at the time of passing the award as well as taking possession. In that view of the matter, the respondents are directed to pay the entire amount of compensation of Rs.2,01,476/- as per the award No.12/95-96, dated 15.03.1996, within a period of eight weeks from the date of receipt of a copy of this order along with interest as per Section 34 of the Land Acquisition Act, 1984.