SANSAR CHAND Vs. CHIEF SECRETARY

JUDGEMENT

(1.) Petitioners land measuring 57 (Fifty seven) Kanals 04 (Four) marlas was acquired by the respondents. The final award was published on November 24, 2005 by the Collector Land Acquisition, Bhadarwah. The claim of the petitioners is that despite publication of the award and taking possession of land, compensation was not paid to them. It is submitted that in the year 2011 during the pendency of the Writ Petition, the compensation as determined by the Collector was deposited with the Collector concerned and paid.

(2.) The grievance of the petitioners is that despite determination of compensation of the acquired land, and taking over possession compensation was not paid. It is submitted that petitioners in these circumstances are entitled to receive interest in terms of Section 35 of the State Land Acquisition Act, 1990 (for short the Act). It is prayed that respondents be directed to pay the interest on the compensation amount awarded to the petitioners.

(3.) Learned counsel for the respondent No.4 submitted that in view of the decision of the Kerala High Court in case titled S.A. P. Mariyumma & ors. v. State of Kerala & ors., 1991 AIR(Ker) 301 which is based on the Hon'ble Supreme Court's decision in case titled Sham Lal. v. Income Tax Commissioner, 1964 AIR(SC) 1878 in order to seek interest, when same is not awarded by the Collector, the aggrieved parties have to seek reference under Section 18(1) of the Act for award of proper interest. Section 34 on which reliance is placed, is in parametrie with Section 35 of the State Land Acquisition Act, 1990.