SANT LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

(2.) SOME land of the petitioners was acquired under Land Acquisition Act and compensation was determined by SLAO. Dissatisfied with the compensation petitioner applied for making reference under Section 18 of Land Acquisition Act which was accordingly made and was registered as L.A. No. 9 of 1990 on the file of 1st Additional District Judge, Jaunpur. The learned A.D.J. decided the reference partly in favour of the petitioners through judgment and decree dated 6.7.1991. Market value was enhanced by learned A.D.J. 30% solatium was also awarded. Interest at the rate of 12% per annum from the date of notification under Section 4 Land Acquisition Act i.e. 4.7.1988 till the date of dispossession, i.e. 12.1.1989, was also awarded. It was further directed that on the additional compensation determined by the reference Court due to determination of higher market value at the time of Section 4 notification, interest of 9% per annum with effect from the date of transfer of possession i.e. 12.1.1989 till payment into Court shall also be made. Thereafter review petition was filed by the petitioners. In the review petition it was stated that market value as determined by the reference Court was still on the lower side. It was also stated that rate of interest i.e. 9% was on the lower side and it must also be enhanced. The review was rejected on 28.9.1991 by 1st Additional District Judge, Jaunpur. This writ petition is directed against the said order.

(3.) UNDER Section 28 of the Land Acquisition Act on the difference of compensation as determined by the Court and by Special Land Acquisition Officer, 9% per annum interest may be directed to be paid from the date on which possession was taken till the date of payment of excess amount in Court and it is further provided that if amount is deposited after one year from the date on which possession was taken, 15% interest per year shall be awarded after one year. Sections 28 is quoted below: "28. Collector may be directed to pay interest on excess compensation.- If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Court may direct that the Collector shall pay interest on such excess at the rate of [nine per centum] per annum from the date on which he took possession of the land to the date of payment of such excess into Court : [Provided that the award of the Court may also direct that where such excess or any part thereof is paid into Court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Court before the date of such expiry.]