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1999 DIGILAW 752 (MAD)

R. Shanmuganathan and Others v. Appropriate Authority

1999-08-03

A.C.AGARWAL, K.GOVINDARAJAN

body1999
Judgment :- K. GOVINDARAJAN, J. By consent of both counsel, the main writ appeal itself is taken up for final disposal. The appellants though succeeded before the learned judge in getting the impugned order set aside and thereby they get the property acquired by the respondent-authority under the provisions of the IT Act, on condition that the petitioners/appellants shall refund to the respondent the entire amount received by them together with interest at the rate of 15 per cent from the date on which they received the money till the date they refund the money to the respondent-authority, the appellants have filed the above appeal aggrieved against the direction, directing them to pay interest at the rate of 15 per cent. As submitted by learned counsel appearing for the appellants, when the learned Judge has found that the acquisition of the appellant's property under the provisions of the IT Act cannot be sustained in law, as the respondent-authority has no jurisdiction to acquire the said property under Chapter XX-C of the IT Act, the appellants/petitioners should not have been directed to pay interest at 15 per cent. By the alleged acquisition under the said Act, the respondent-authority has prevented the appellants/petitioners from enjoying their property by taking possession of the same. When the lawful possession of the appellants was denied, the respondent-authority cannot claim any interest for the amount paid towards the said acquisition. Hence, the respondent-authority is not entitled to any interest as directed by the learned Judge. So, the order of the learned Judge is modified to the extent that the appellants/petitioners are liable to refund the entire amount to the respondent deposited by them, towards the acquisition of the property in question and, on such repayment of the said amount, the respondent-authority shall hand over possession of the residence as directed by the learned Judge.With the above modification, the order of the learned Judge is confirmed and this appeal is disposed of accordingly. No costs. Consequently, CMP No. 7416 of 1999 is closed.