- (1.) PRADEEP Kant and Abhinava Upadhya, JJ. It has not been disputed by the learned Counsel for the State nor there is anything on record to rebut the plea that the petitioner's land bearing Gata Nos. 5 and 12, an area of 2 Bigha, 7 Biswa, 8 Biswansi was used for construction of canal. The possession of which was taken by the Executive Engineer, Sharda Canal Pariyojna, District Barabanki, though without taking any proceeding of acquisition under the provisions of Land Acquisition Act.
(2.) THE dispute arose as the petitioner was not initially paid compensa tion but when the compensation was paid, he was not paid the interest. This led to the filing of present writ petition. During the pendency of this writ petition, the matter was considered by the State and an interest of Rs. 45,199/- on the amount of award has been paid to the petitioner sometimes in the year in August 2000 at the rate of 9% per an num. The grievance of the petitioner is that in terms of section 34 of the Land Acquisition Act he was entitled to the interest at the rate of 15% and not that of 9% from the date of taking over the possession as the amount of compensation was not paid or deposited on or before taking over the possession within a pe riod of one year from the date on which possession was taken.
(3.) IF the land or property of any person is acquired under the provision of Land Acquisition Act, the complete machinery has been provided for the award of compensation along with the interest etc. In a case where acquisition proceedings have not been undertaken but even then the land/property of the person has been taken under possession by the State, such a person would still be entitled to have the compensation which compensation is to be calculated on the same principles and in the same manner as is given in the Land Acquisition Act irrespective of the fact that the acquisition has not been done under the said Act. The learned Counsel for the petitioner has relied upon the judgment of Apex Court in the case of U. P. Jal Nigam, Lucknow through its Chairman and another v. M/s Kalra Properties (P) Ltd. Lucknow and others, AIR 1996 SC 1170=1996 (27) ALR 28 (Sum) (SC), in support of plea of interest being awarded under section 34 of the Act.;