EXECUTIVE ENGINEER ADMINISTRATIVE OFFICER Vs. S JEYA

JUDGEMENT

(1.) The impugned order dated 23.11.2010 passed in I.A. No. 143 of 2010 in L.A.O.P. No. 1 of 2008 by the third Additional Sub-Court, Madurai is being challenged in the present civil revision petition.

(2.) The second Respondent herein as Land Acquisition Officer has acquired the land in question belonged to the first Respondent herein and awarded a compensation and the first Respondent has challenged the quantum of compensation and therefore, a reference has been made under Section 18 of the Land Acquisition Act, 1894 on the file of the Land Acquisition Tribunal/3rd Additional Sub-Court, Madurai and the same has been taken on file in L.A.O.P. No. 1 of 2008. The Land Acquisition Tribunal, after considering the evidence available on record, has fixed Rs. 870/- as compensation per cent. Further, the Land 3 Acquisition Tribunal has directed to pay 9% interest from the date of passing of the award by the Land Acquisition Officer. Against the interest clause passed by the Land Acquisition Tribunal, the present petition has been filed under Section 152 of the Code of Civil Procedure Code, 1908 in I.A. No. 143 of 2010. The Land Acquisition Tribunal/3rd Additional Sub-Court, Madurai has dismissed the same stating that the relief sought for in the petition is not legally maintainable under the said section. Against the dismissal order passed by the Land Acquisition Tribunal/3rd Additional Sub-Court, Madurai, the present civil revision petition has been preferred at the instance of the Petitioner/2nd Respondent in L.A.O.P. No. 1/2008.

(3.) The learned Counsel appearing for the revision Petitioner has contended that as per Section 28 of the Land Acquisition Act, 1894, the first Respondent is entitled get 9% interest for the award amount only from the date of taking possession. But the Land Acquisition Tribunal/3rd Additional Sub-Court, Madurai has erroneously awarded 9% interest from the date of passing of the award by the Land Acquisition Officer/2nd Respondent herein. Under the said circumstances, 4 the petition in I.A. No. 143 of 2010 has been filed under Section 152 of the Code of Civil Procedure Code, 1908. But the Land Acquisition Tribunal/3rd Additional Sub-Court, Madurai has erroneously dismissed the same and therefore, the order passed by the Land Acquisition Tribunal/3rd Additional Sub-Court, Madurai is liable to be set aside.