Grievance of the petitioner is with regard to non satisfaction of interest payable to the petitioner pursuant to land acquisition in terms of Section 34 of the Land Acquisition Act .
2. The land belonging to the petitioner was acquired nearly 25 years back. The compensation payable to the petitioner to an extent of nearly Rs. 1,15,464/- as per the award passed by the acquisitioning authority was never disbursed for no reason at all. The petitioner approached this Court by filing WP.(C)No.15301 of 2008, which was disposed of directing the Land Acquisition officer to release the award amount to the petitioner within three weeks. But the amount came to be disbursed to the petitioner only much later, ie on 08.11.2010. But interest payable to the petitioner in terms of the statute, was never released. The claim of the petitioner with regard to interest was considered by the second respondent/District Collector, who passed Ext.P2 order on 20.09.2011 holding that the petitioner was eligible to have interest at the rate of 9% for the initial one year and thereafter, at the rate of 15% per annum, from W.P.(C)No.14145 OF 2014 2 02.07.1988 to 08.11.2010. The Land Acquisition Officer was directed to take immediate steps to release the said amount . Inspite of Ext.P2, nothing transpired in the positive, which made the petitioner to approach this court
3. It is pointed out that the Acquisitioning Authority has sent a letter to the 4th respondent/the Director, CAPE, who was the requisitioning authority, to satisfy the due amount towards interest, which is stated as still to be complied with. The attempt made by the petitioner to have the due amount disbursed still lies to be materialised and hence the writ petition.
4. A statement has been filed by the 4th respondent/requisitioning authority pointing out that the said respondent is not liable to satisfy the amount, for the reason that the delay was not because of any fault or lapse on the part of the said respondent, but that of the revenue officials, who did not effect the deposit before the Court on time. A clarification issued by the Government in this regard on 01.01.2014 has been produced as 'Annexure A'.
5. Heard the learned Counsel for the petitioner, the learned Standing Counsel for the 4th respondent/CAPE and the learned W.P.(C)No.14145 OF 2014 3 Government Pleader for the State.
6. There is no factual dispute with regard to the eligibility of the petitioner to get interest in terms of Ext.P2 The remaining question is only with regard to disbursement . The question whether it is to be satisfied by the acquisitioning authority or the requisitioning authority is not a subject matter, as it could only be an inter se dispute between the concerned respondents. In so far as the petitioner stands eligible and entitled to obtain the due amount, there will be a direction to the concerned respondents to see that the amount is disbursed to the petitioner forthwith. All the procedural formalities in this regard shall be completed and the due amount shall be disbursed to the petitioner at the earliest, at any rate, within three months from the date of receipt of a copy of the judgment.
The writ petition stands allowed. No cost.
P.R.RAMACHANDRA MENON JUDGE lk