9911796707
TMI Blog1990 (12) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... he court under Section 18 of the Act which was done. The learned District Judge found that the claimant was entitled to compensation on the basis of the market value of the land on the date of notification under Section 6 of the Act. He determined the same at the rate of ₹ 3 per square yard. He also awarded solatium at the rate of 15 per cent and interest at 6 per cent from February 1, 1955. The State preferred an appeal against the award of the District Judge before the High Court. 2. The High Court came to the conclusion that the compensation under the Act could only be determined on the basis of the market value of the land on the date of the notification under Section 4(1) of the Act and since no such notification was issued it was not possible to determine the amount of compensation payable under the Act. The claimant, after obtaining a certificate from the High Court, filed civil appeal in this Court. Taking into consideration the scheme of the Act this Court held that the notification dated February 1, 1965 issued under Section 6 of the Act could be treated as a composite notification under Section 4(1) and Section 6(1) of the Act and the District Judge could lawful ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, on appreciation of evidence and taking into consideration all the facts and circumstances before it has come to the conclusion that the reasonable market price of the acquired land would be ₹ 1.35 per square yard and we, in our jurisdiction under Article 136 of the Constitution, do not wish to interfere with the same. 7. Before we deal with the second question we may give some more facts in that context. As mentioned above, the possession of the land was taken from the appellant by the government on November 19, 1949. The notification under Section 6 was issued on February 1, 1955. The learned District Judge in his award granted interest on the compensation amount from February 1, 1955. The State filed an appeal before the High Court against the award of compensation at ₹ 3 per square yard but the appellant-claimant did not file any appeal against that part of the award which by implication went against him and restricted the amount of interest from February 1, 1955, instead of November 19, 1949. The appellant, however, filed cross-objections under Order XLI Rule 22 of the Civil Procedure Code. Since the objections were barred by limitation an application for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med to be a decree under Section 2 clause (2) and Section 2 clause (9) respectively of the Civil Procedure Code; 10. The High Court rejected the claim of the appellant regarding interest on the ground that his cross-objections having been rejected as time barred he had no right to claim same in the State appeal. The High Court held as under In the present case, the respondent had actually filed the cross-objections after the period of limitation was over and since his request for condoning the delay caused in filing the same came to be rejected the cross-objections stood rejected as time barred, in view of Section 3 of the Indian Limitation Act. The effect thereof would be that the relief now sought for cannot be re-agitated in this appeal between the same parties. The relief is barred by reason of the principle of res judicata inasmuch as the claim can be taken to have been rejected by the trial court on merits. 11. The High Court further held that the appellant could not invoke the provisions of Order XLI Rule 33. The reasoning in that respect is as under The powers of the appellate court under Order XLI, Rule 33, cannot override the other provisions relating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and Section 2, clause (9), respectively, of the Code of Civil Procedure, 1908. 27. Costs. - (1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportions they are to be paid. (2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the court shall be of opinion that the claim of the appellant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs. 28. Collector may by directed to pay interest on excess compensation. - If the sum which, in the opinion of the court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the court may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date on which he took possession of the land to the date of payment of such excess into court. 34. Payment of interest. - When the amount of such compensation is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. The costs and interest under the Act if not awarded by the lower court can always be awarded by higher courts in any proceedings under the Act and to any party entitled to the same under the Act. 16. There is inherent evidence in the wording of Sections 28 and 34 to show that the framers of the Act intended to assure the payment of interest to the person whose land was acquired and it was not the intention to subject the said payment to procedural hazards. Section 34 lays down that the Collector shall pay the amount awarded with interest at 6 per cent per annum.... The legislative mandate is clear. It is a directive to the collector to pay the interest in a given circumstance. Section 34 nowhere says that the interest amount is to be included in the award-decree as prepared under Section 23(1) read with Section 26 of the Act. Similarly Section 28 provides the award of the court may direct that the Collector shall pay interest . Here also the award under Section 23(1) read with Section 26 has been kept distinct from the payment of interest under the section. The interest to be paid under Section 34 and also under Section 28 is of different character than the compensation a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
