MALIMATH, C. J. - (1.)This appeal is directed against the judgment of the learned single Judge in O.P. No. 7627 of 1989, dismissing the original petition. The short question for consideration in this case is as to whether in a reference under S.18 of the Land Acquisition. Act, 1894, as amended (hereinafter referred to As 'the Act'), the Court is competent to entertain a grievance in regard to non-payment of interest under S.34 of the Act.
(2.)A preliminary notification for acquiring the appellants' land was published on 19-1-1984. Possession of the land was given voluntarily on the 20th of September, 1984, the final notification under S.6 was published on the 23/05/1985. An award came to be passed on the 17/07/1989, a copy of which has been produced as Ext. P1. the total amount of compensation awarded under the said award is Rs. 7,90,545.35. The award amount includes a sum of Rs. 61,233/- awarded by way of interest under S.34 of the Act on the amount of compensation for the lands acquired. Possession having been taken on the 20/09/1984 without tendering or depositing the compensation for the lands acquired, the appellants are entitled to claim interest under S.34 of the Act from the date of taking possession until the payment of compensation. The amount awarded also includes items of interest payable under S.34 of the Act. For some period, interest has been awarded at 9%, for another period at the rate of 15% and for some period no interest whatsoever was awarded. The appellants have a grievance that the Collector has grossly erred in not awarding the full amount of statutory interest to which the appellants are entitled to under S.34 of the Act. It is the claim of the appellants for determination and grant of the correct amount of interest under S.34 of the Act in the writ petition. It is the case of the appellants that they are not entitled to make a grievance about interest payable under S.34 of the Act in a reference, under S.18 of the Act and that therefore this Court, in exercise of its jurisdiction under Art.226 of the Constitution can grant relief regarding interest under S.34 of the Act. The learned single Judge has dismissed the writ petition holding that the claim of the appellants for enhanced amount of interest under S.34 of the Act can be the subject-matter of reference under S.18 of the Act and that therefore it would not be proper for this Court to interfere under Art.226 of the Constitution when there is an alternate remedy available to the appellants under the statute. Aggrieved by the said decision, the appellants have come up in this appeal.
(3.)Mr. Bhasheer, the learned counsel for the appellants, contended that under S.18 of the Act, persons whose lands are acquired can seek reference to the Court for proper determination of compensation raising objections in regard to the measurement of the land, the amount of compensation and the persons to whom it is payable or the apportionment of compensation among the persons interested. Having regard to the limited scope of reference under S.18 of the Act, it was contended that any dispute which does not fall within the ambit of S.18 cannot be made the subject-matter of reference. He contends that the dispute regarding payment of interest under S.34 not being a dispute in regard to determination of the amount of compensation or in regard to measurement of the land or the person to whom it is payable or apportionment of the compensation among the persons interested, no reference can be sought under S.18 of the Act.