JANJALI DEVI Vs. TAHASILDAR

JUDGEMENT

(1.) PLOT No. 4045 in mouza Gadakana comprising an area of 2. 89 acres belonging to the petitioner was acquired for the Sainik School at Gadakana, Bhubaneswar. The Collector fixed the compensation for the said land at Rs. 5,317. 60 paise and the learned Subordinate Judge, Cuttack; in Misc. Case No. 39/67-L. A. , being a reference under Sections 18 and 30 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), fixed the full compensation at Rs. 17,400, plus 15 per cent of the same under Section 23 (2) of the Act. Against the aforesaid judgment and decree passed by the learned Subordinate Judge, Cuttack, the opposite party herein preferred First Appeal No. 255 of 1967 in this Court which was dismissed on 8-9-72 and the decision of the learned Subordinate Judge was confirmed as such. The present petition under Sections 151 and 152, C. P. C. has been filed for the incorporation of a direction in the judgment and decree of the said First Appeal for payment of interest at 6 per cent per annum on the additional compensation fixed by the court below from the date of taking over of possession till the date of the payment of the same, as the same has not been mentioned therein due to an accidental slip.

(2.) MR. Patra, the learned Additional Standing Counsel appearing for the opposite parties, opposes this petition on the ground that the petitioner did not agitate the question of payment of interest at any earlier stage and the learned Subordinate judge while enhancing the compensation fixed by the Collector did not order for payment of interest as provided under Section 28 of the Act and the petitioner took no action in the First Appeal for obtaining that relief.

(3.) IN Sriniwas Sundar Das's case, (1972 (1) Cut WR 244) it has been held that "the principle that interest either under Section 28 or 34 of the Act constitutes an integral part of the compensation to be awarded is well settled and not open to dispute". In arriving at the said conclusion A. Misra, Acting C. J. (as he then was)has referred to the decision of this Court in Smt. Swarnamayi Devi's case reported in AIR 1964 Orissa 113 and the decision in A. S. Krishnamurthi's case reported in air 1971 Mad 236. In Smt. Swarnamayi's case it has been held:-