State of Kerala and Another vs Kerala State Ware Housing Corpn.

S. Sankarasubban

State of Kerala and the Special Tahsildar for Land Acquisition and Land Acquisition Officer, Thalassery are the petitioners. Respondent is the Kerala State Ware Housing Corporation. Lands belonging to the respondent were acquired under the Land Acquisition Act. Not satisfied with the award passed by the Collector, there was reference for enhancement of compensation as L.A.R. No. 62 of 1986. The decree was put into execution. The dispute in this case is with regard to a deposit made by the State on 30-10-1990. An E.P. was filed by the decree holder. The respondent claimed interest on this amount, since the respondent was not given notice. The court below took the view that since no notice as contemplated in the Civil Rules of Practice was given, the respondent is entitled to interest on that amount. It is this order that is challenged before this Court.

Learned Government Pleader relied on a decision of the Supreme Court in Special Land Acquisition Officer Vs. Puttaiah and others, . According to me, the facts in the Supreme Court Case and the facts here are different. In the reported case, there was no reference for enhancement. Reference was only for apportionment of the amount. The State has deposited the entire amount awarded. The Land Acquisition Court awarded interest on that amount. This the court said cannot be given. But so far as the present case is concerned, a decree for enhancement was passed. Question is whether the respondent is entitled to interest, if no notice of deposit was given. Civil Rules of Practice contemplates notice. Question whether intimation was given is a question of fact. The court below held that as a matter of fact, no notice was given.

In the above view of the matter, I am of the view that the order of the Court below is correct. Civil Revision Petition is dismissed.