THE ALL INDIA TEA AND TRADING CO. LTD. Vs. SUB-DIVISIONAL OFFICER OF MANGALDAI AND ORS.

JUDGEMENT

(1.) THIS rule arises out of an application under Article 226 of the Constitution of India.

(2.) THE facts which are not disputed and which have led to the present petition are that the Petitioner, who is the owner of a tea garden known as Singrimari Tea Estate, filed an application on the 21st June 1960 before the Sub -divisional Officer of Mangaldai, acting as the Collector for payment of a sum of Rs. 6,255.67 Np. as interest payable to the Petitioner on the amount of compensation. The land of the Petitioner measuring 511 Bighas 2 Kathas 9 Lessas situate in village Kawadauga, Mouza Syamabari, District Doming, was requisitioned by the State Government under the provisions of the Assam Land (Requisition and Acquisition) Act, 1948, hereinafter called 'the Act.' Since the date of requisition the land had been in possession of the State. By notification dated 7th January 1959 the aforesaid land was acquired by the State Government with effect from the 14th January, 1959 under the provisions of Section 4(1) of the Act.

(3.) MR . Pathak appearing for the Respondent has canvassed three points. He has firstly contended that in the land acquisition cases generally the award is given before the possession is actually and thus there is no occasion for the Person to ask for the inclusion of interest after dispossession in the award itself. In the present case the amount itself was determined after the possession had been taken. It was, therefore, open to the Petitioner to object to the award at that stage and he should have asked for the inclusion of the amount of interest in the award which was given, after the possession had actually been taken. This argument is based on the assumption that the word 'compensation under the Act should be given a different meaning from the one which is given to it under the Land Acquisition Act. The award only relates to the compensation to Which the Petitioner is entitled.