- (1.) This appeal by the State arises from the judgment of the High Court of Andhra Pradesh in CCCA. Appeal No.167/73 and 96/74. The contention of the State in the High Court was that out of the total area of 9.05 acres notified for acquisition on 26.3.1946 under the Hyderabad Land Acquisition Act, my 5.52 acres had been acquired. The remaining area had not been acquired. This contention was rejected by the High Court for the reason that the Award related to the total area of 9.05 acres, and when a reference was made under section 14 of the Act, it related to the total area covered by the sward. The High Court accordingly held that the claimants were entitled to compensation for the total area acquired as per the Award.
(2.) In this appeal by the State, there is no dispute about the compensation awarded. The dispute is about the interest ordered to be paid. Mr. C. Seetharamiah, appearing for the appellant- State, submits that interest is payable only in respect of the area of which possession was taken by the State and it is payable only from the date of taking possession. The High Court, he says, wrongly awarded interest as from the date of the award and not from the date of taking possession. Counsel further submits that possession was not taken of the entire area, but only of 5.52 acres. The remainder has been in the possession of slum dwellers, and they have not been so far dispossessed. In the circumstances, counsel says, interest is payable only in respect of 5.52 acres.
(3.) Mr. Seetharamiah is right in saying that interest is payable only from the date on which possession was taken and not from the date of the Award. This is in fact not disputed. Admittedly, possession of. at any rate; 5.52 acres was taken on 9th November, 1960. That was the date on which the owner handed over or is deemed to have handed over possession of the acquired area.;