STATE OF ORISSA Vs. LOKANATH PATRA

JUDGEMENT

(1.) THIS is an appeal under Section 7 (3) of the Orissa Development of Industries, Irrigation. Agriculture. Capita 1 Construction and Re -settlement of Displaced Persons (Land Acquisition) Act. 1948 (hereinafter referred to as the Act'). In spite of valid service of notice of the appeal, claimant Respondent has not entered appearance.

(2.) THIS appeal is confined only in respect of direction for payment of interest on the compensation awarded.

(3.) IT is true that in a Division Bench decision of this Court reported in State of Orissa v. Banamali Babu, I.L.R. 1961 Cutt. 451. It was held that the Arbitrator can award interest as a part of the compensation amount just before the delivery of judgment in that case, R.23 was brought to the notice of the Division Bench which was not relied upon as the award under consideration in that case was prior to 1957 and the amendment to the rules was not retrospective .in operation. It was held that the amendment to the rules may he taken as an indication of the acceptance of the principle that interest is payable. The Division Bench decision would have no application to the present case since the award is post 1957.