Janak Singh Munda - Petitioner @HASH The State of Jharkhand

Mr. Aparesh Kumar Singh, J. - Heard learned counsel for the parties.

Petitioners have made a prayer to grant interest @ 12% with effect from 1987 in respect of the land acquired under Khata No. 256 village Sapada under different Khesra measuring an area of 20.90 acres with effect from 1987 till actual date of payment as it is alleged that the respondents have paid interest from 29th January 2003 to 1st January 2005 total 23 months, though the possession of the land in question was taken in the year 1987-88. Petitioners'' objection was decided against them by Annexure-11 of the writ petition, letter no.81 dated 21st February 2014 by the respondent no.4- Special Land Acquisition Officer No. 3, Swarn Rekha Project, Mango which is also impugned.

The relevant matrix of the case shows that before the award (Annexure-2) in respect of the land in question was delivered on 24th May 2006 asking the petitioners to appear and accept the awarded amount of Rs.15,47,780/- on 12th June 2006 and further by Annexure-2/1 in respect of certain other properties in L.A. Case No. 39/2001-02 there were three notifications for acquisition; the first notification for acquisition was dated 10th December, 1987 which lapsed due to non-preparation of award within two years from the date of declaration as provided under Section 11(A) of the Land Acquisition Act, 1894. There was a second notification also thereafter which is stated to have lapsed for non-preparation of the award as per the statement made in paragraph-12 of the counter affidavit. It is the 3rd notification published on 29th January 2003 pursuant whereto the award has been prepared in respect of the land in question, pursuant to Annexure-A notification dated 10th July, 2002 of the Special Land Acquisition Officer-II, Swarn Rekha Project, Jamshedpur. The petitioner has nowhere stated that it was an emergency acquisition whose possession was taken even before preparation of the award. As per the Scheme of the Act of 1894 power to take possession is conferred under Section 16 when the Collector may take possession of the land after he has made the award under Section 11 whereupon the land shall vest in the Government free from all encumbrances.

In view of the legal position and the attendant relevant facts that the award in question at Annexure-2 series (notices under Section 12(2) of the Act of 1894) were in pursuance of the notification of 10th July 2002, claim of the petitioner for interest over the awarded amount from the year 1987 or 1988 is not legally tenable. This has rightly been rejected by the impugned order at Annexure-11 also taking note of the relevant facts.

In summary, therefore, petitioner has failed to make out a case for grant of interest on the awarded amount from 1987 onwards. Writ petition, being without merit, is accordingly dismissed.