MOHAMMAD ANWAR HASAN Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The facts giving rise to this application are as follows: Some land of the petitioner and others has been acquired under the Land Acquisition Act, 1894. The Land Acquisition Officer took possession of the land on the 22nd May, 1957. He gave an award under Section 11 of the Act on the 20th October, 1958. There was some dispute as to the apportionment of the compensation money between the petitioner and others, and hence a reference was made under Section 30 of the Act on the 20th July, 1959. On the same date, the compensation fixed by the award under Section 11 was deposited in Court. On an application filed by some interested persons but not the petitioner, the Collector, by his order dated the 23rd December, 1959, in Revenue Miscellaneous Case No. 31 of 1959-60, held that the awardees were entitled to interest under Section 34 of the Act. It appears that interest has not been paid to the petitioner or the other interested persons. On the 7th October, 1961, the petitioner filed an application before the 2nd Additional District Judge of Patna, who had disposed of the reference under Section 30, praying that the Court should order the Collector to deposit the amount of interest. The 2nd Additional District Judge has rejected this prayer. Hence, the petitioner has come up to this Court.

(2.) The only question which arises for consideration is whether the Court has, on a reference under Section 30 of the Act, power to order the Collector to pay or deposit the amount of interest payable under Section 34 of the Act. It is necessary to consider the provisions of the Act and some decisions, which have been cited at the Bar, in order to arrive at a correct answer to this question.

(3.) Any person interested in land which has been acquired under the Land Acquisition Act, and who has not accepted the award, may file an application under Section 18 of the Act for reference to the Court. By this application, he may require the Collector to refer for determination of the Court any objection which he raises to