K MALLA REDDY Vs. LAND ACQUISITION OFFICER
LAWS(APH)-1992-8-45
HIGH COURT OF ANDHRA PRADESH
Decided on August 21,1992

K.MALLA REDDY Appellant
VERSUS
LAND ACQUISITION OFFICER Respondents





Cited Judgements :-

P RAM REDDY VS. L A O HUDA [LAWS(APH)-1993-4-1] [REFERRED TO]


JUDGEMENT

B.Subhashan Reddy, J. - (1.)Court passed the order dt. 28-4-1992 on the premise that the amount determined by the Land Acquisition Officer concerned in this case made deposit in a Bank by way of term deposit and as such we directed that the interest which may have accrued on the said determined amount be paid to the appellants herein.
(2.)Now it is brought to our notice that the determined amount was not deposited into any Bank, but was deposited only in a current account partly and partly in S. B. Account. It is pertinent to mention here that so far as current Account is concerned, if does not attract any interest whereas the S.B. Account attracts only five per cent interest.
(3.)Having heard the counsel on either side, we are of the considered view that there is gross negligence on the part of the Land Acquisition Officer herein in not taking appropriate steps in depositing the amount in a Bank at least in a term deposit or complying with the mandatory provisions contained in S. 31 of the Land Acquisition Act by depositing the amount into Court. It is needless to mention that had the Land Acquisition Officer made reference as contemplated under Ss. 30 and 31 of the Land Acquisition Act, the Civil Court concerned would have deposited the awarded amount by way of a term deposit, carrying a minimum of 8% interest per annum, even if it was for one year at that relevant point of time. In this connection, a judgment of Supreme Court in Chandra Bansi Singh v. Stale of Bihar, AIR 1984 SC 1767 is relevant for consideration. In the said case the Supreme Court had awarded the interest at the rate of 7 1/2 per cent per annum for the laches of the authorities concerned in taking possession for a period of 1 1/2 years. The said amount of interest was awarded dehors the provisions of the Land Acquisition Act on equity.
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