Channabasappa Dyamappa Indur (Dead) By His L. Rs v. Assistant Commissioner & Acquisition Officer, Dharwad
2010-02-26
SUBHASH B.ADI
body2010
DigiLaw.ai
Judgment : 1. Smt. K. Vidyavathi learned Additional Government Advocate takes notice for respondents. 2. Petitioners have sought for a writ of mandamus or any mandamus directing the respondents to pay the compensation as awarded by respondent 1-land Acquisition Officer in terms of award dated 30-6-2007. 3. The Land Acquisition Officer on making of the award under Section 31 of the Land Acquisition Act, 1894 (for short, ‘the Act ‘), the Collector shall tender payment of compensation awarded by him to person interested and entitled thereto according to the award and shall pay it to them unless prevented by someone or more of the contingencies mentioned in sub-sections(2),(3) and (4). 4. No contingency has been pointed out in this case and it is not the case that the claimants have sought for reference and under protest they have not received the money. If there is a protest to receive the amount, the Collector is required to deposit the amount before the Court before whom the reference is made. 5. However, this is a case where the award has been passed under Section 28-A of the Act. Any award passed under Section 11 and 28-A of the Act and which is not the matter before the Court, the Special Land Acquisition Officer is required to pay the money to the interested persons or to deposit the same. In this case, there is no dispute that the award has been passed under Section 28-A and there is no provision to execute the award. The Collector himself (Deputy Commissioner) has to make the payment and that is mandatory. In view of the same, direction is issued to the respondent to pay the amount as determined, as early as possible but not latter than three months from the date of receipt of copy of this order. 6. With the above observations, the writ petition stands disposed of. 7. Smt. K. Vidyavathi, Additional Government Advocate is permitted to file memo of appearance within four weeks.