SUBBA RAO J R V Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ appeal is filed assailing the judgment of the learned single Judge dated 4-11-1995 in Rev.W.P.M.P. No.30488 of 1995 in W.P.No.11600 of 1994, rejecting grant of relief of interest as prayed for in the writ petition as per Section 34 of the Land Acquisition Act (in short 'the Act').

(2.) The facts of the case are that the land of the appellants was acquired. Draft notification under Section 4(1) of the Act was published on 27-7-1981 and the Award was passed on 21-1-1984. There was a dispute regarding the apportionment of compensation and hence the matter was referred to the Civil Court under Section 31(2) of the Act. The appellants also sought a reference under Section 18 of" the Act and the same is pending. The appellants filed a writ petition seeking a direction for payment of the additional amount of compensation under Section 23 of the Act and 30% solatium under Section 23(2) of the Act and interest under Section 34 of the Act, stating that the grant of additional amount of compensation, solatium and interest are provided by the statutory provisions of the Act. Non-grant of the said amounts is in violation of the statute. Therefore, they filed the writ petition to invoke the statutory obligation of the land acquisition officer.

(3.) In the counter affidavit filed in the writ petition by the 3rd respondent-Society, it was contended that the award was passed on 21-1-1984. Thereafter, after waiting for 9 years, the appellants-writ petitioners approached the 2nd respondent for payment of enhanced solatium and interest. It is further contended that as the references made under Sections 18 and 30 of the Act are pending, the claimants can claim the same before the Civil Court before whom references are pending.