STATE OF MADHYA PRADESH Vs. GARUD CHATURVEDI

JUDGEMENT

(1.) THE State of Madhya Pradesh is invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. It is aggrieved against an order passed by the 2nd Addl. District Judge, Gwalior. A copy of this order has been placed on the record as annexure P-l. The brief facts for the purposes of this petition be noticed as under.

(2.) THE State of Madhya Pradesh acquired land for construction of Sind Mahua Canal. A notification was issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act ). This was issued on 4th March, 1989. Notification under Section 6 of the Act was issued on 12th September, 1989. The Collector gave its award on 30th October, 1991. The total amount which was payable under the award was determined as Rs. 5,61,190/ -. The break up of this amount is as under : (a) Market value Rs. 3,48,560/ (b) Interest @ 12% U/s 23-A (1) Rs. 1,08,062/ (c) Solatium @ 30% Rs. 1,04,568/total : Rs. 5,61,190/3. The State deposited Rs. 6,17,310/ -. This amount included the interest which had accrued in between.

(3.) THE claimants preferred a writ petition in this Court. This bears No. 679 of 1992. According to them they were entitled to interest from the date they were dispossessed. This date according to them was 3rd February, 1985.