VASANT BALKRISHNA WALE Vs. VITHAL MAHADEO DESHMUKH

JUDGEMENT

(1.) Heard. The petitioner by the present petition seeks direction for payment of interest over the amount deposited after a period of about 9 years from the date of the award in the proceedings under Section 30 of the Land Acquisition Act, 1894, hereinafter referred to as "the said act".

(2.) The undisputed facts in the case in hand are that the award under section 11 of the said Act was passed on 15-11-1978 and the possession of the land was taken on 16-12-1978. While the amount awarded under the said award to the tune of Rs. 96,648. 88 ps. was deposited in the Court while making reference under Section 30 of the said Act only on 8-10-1987, no amount of interest over and above the sum awarded under the award dated 15-11-1978 was deposited in the reference Court while depositing the awarded amount of Rs. 96,648. 88 ps.

(3.) The learned Advocate appearing for the petitioner, while drawing attention to Section 34 of the said Act submitted that it was the duty of the Collector to deposit the awarded amount along with the interest at the rate of 9% for the first year from the date of the award and for the remaining period at the rate of 15% per annum till the date of deposit of the amount. The learned Asst. Government Pleader submitted that the petitioner had enough opportunity of filing appeal against the final award passed by the reference Court under Section 30, besides that the petitioner had failed to demand such interest till April, 1992 and for the first time claimed the interest as late as on 29-4-1992 and that was much beyond the period of 3 years from the date of deposit of the amount and therefore the claim for interest was already barred by the law of limitation.