FAQIR SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONERS land situate in village Satwari, Jammu, was acquired for extension of the Jammu Air Port Years back. It appears that the collector passed two awards in 1972 and 1981 respectively awarding compensation to them. In the first case, however, possession of land was allegedly taken over from them on 17 -5 -1972 but out of the awarded amount, the balance amount of Rs. 41,518.00 was not paid to them till January 1984 due to some dispute surrounding their title over the land. The second award was passed for Rs. 2,18,500.00 but the amount was paid to them on 9 -3 -1985 when possession of the land was taken over by the collector on 8 -12 -1981.

(2.) PETITIONER claim interest on the belated compensation paid in terms of Sec. 35 of the land Acquisition Act. Their case is that respondents are under statutory obligation to pay 6% interest on the awarded amount of compensation for their default in paying or depositing the compensation on or before taking over the possession of the land. Their counsel Mr. Johal also cited AIR 1981 SC 969, AIR 1970 A.P.262 and AIR 1928 P.C. 290, in support.

(3.) RESPONDENTS were on notice as far back as on 30 -6 -1986. Even though they came to be represented by their counsel from time to time, they have not chosen to resist this petition by filling any counter or producing any record in support of their case. The result is that the averments made in the writ petition go unrefuted and willy nilly would have to be accepted.