UNION OF INDIA & ANR. versus PUSHPAVATHI & ORS. ETC. on 6 February 2018

SUPREME COURT REPORTS

[2018] 10 S.C.R.

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UNION OF INDIA & ANR.

v.

PUSHPAVATHI & ORS. ETC.

(Civil Appeal Nos.1622-1631 of 2018)

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FEBRUARY 06, 2018

[R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.]

Land Acquisition Act, 1894 – ss. 18, 28 and 34 – Collectordeclining to award interest on compensation u/s. 28A proceedingsto the landowners – Legal remedy available to the landownersCagainst such order – Landowner should approach the Civil Courtin reference u/s.28A(3) r/w. s.18 of the Act or should file writ petitionu/s.226 of the Constitution – Held: A dispute relating to non-awardof interest payable to the landowners u/s.28 and s.34 of the Act isnot specified u/s. 18 and hence it is not capable of being referredDby the Collector to the Civil Court u/s. 18 of the Act – It is also forthe reason that payment of interest is statutory in character andbeing statutory, it is mandatory for payment once conditionsspecified u/s.28 or/and 34 are fulfilled – In Shree Vijay Cotton &Oils Mills case it was held that there is inherent evidence in thewording of ss. 28 and 34 to show that the framers of the Act intendedEto assure the payment of interest to the person whose land wasacquired and it was not the intention to subject the said payment toprocedural hazards – Accordingly, the dispute in relation to non-award of interest can be raised by an aggrieved person only bytaking recourse to Art. 226 of the Constitution in writ petition –FReference u/s.18 or s.28A(3) cannot be considered to be analternative statutory remedy available to the landowner for gettingthe question of non-award of interest payable u/s.28 or/and 34 ofthe Act decided by the Civil Court – Constitution of India – Art.226.

GDismissing the appeals, the Court

HELD: 1. The dispute relating to non-award of the interestto the landowners, whether under Section 28 or Section 34 is nota dispute, which falls under Section 18 or/and 28A(3) of the Act.In other words, a reference under Section 18 can only be made H

by the Collector in respect of those issues, which are specifiedunder Section 18. [Para 36] [447-G-H]

2. A dispute relating to non-award of interest payable tothe landowners under Section 28 or/and Section 34 of the Act isnot specified under Section 18 and hence it is not capable of beingreferred by the Collector to the Civil Court under Section 18 ofthe Act. It is also for the reason that payment of interest isstatutory in character and being statutory, it is mandatory forpayment once conditions specified under Sections 28 or/and 34are fulfilled. [Para 37] [448-A-B]

3. It is true that once the interest is awarded by the Courtunder section 28 or by the Collector under Section 34 of the Act,it becomes the part of the award. However, it is hardly of anysignificance and has no bearing for deciding the question ofremedy to challenge issue relating to the non-award of interest.[Para 38] [448-C]

4. Such issue is required to be decided keeping in view thewording of Section 18 of the Act, which specifies the issues onwhich the reference can be made to the Court and non-award ofinterest is not the issue specified in Section 18 of the Act. In thisview of the matter, no reference can be made to the Court todecide the issue of non-award of interest under Section 18 of theAct. [Para 39] [448-D]

5. This Court explained the object and scope of Sections28 and 34 succinctly in the case of *Shree Vijay Cotton & Oil MillsLtd. in the following words: “There is inherent evidence in thewording of ss.28 and 34 to show that the framers of the Act intendedto assure the payment of interest to the person whose land wasacquired and it was not the intention to subject the said payment toprocedural hazards...” [Para 41] [448-F-G]

6. Accordingly, the dispute in relation to non-award ofinterest can be raised by an aggrieved person only by takingrecourse to Article 226 of the Constitution in writ petition. Inother words, reference under Section 18 or Section 28A(3) cannotbe considered to be an alternative statutory remedy available tothe landowner for getting the question of non-award of interest AB

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Apayable under Sections 28 or/and 34 of the Act decided by theCivil Court. [Para 42] [449-D]

*Shree Vijay Cotton & Oil Mills Ltd. v. State of Gujarat(1991) 1 SCC 262 : [1990] 3 Suppl. SCR 447; DelhiDevelopment Authority v. Mahender Singh & Anr.B(2009) 5 SCC 339 : [2009] 4 SCR 788 – relied on.

Case Law Reference

[1990] 3 Suppl. SCR 447relied onPara 41[2009] 4 SCR 788relied onPara 43

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CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1622-1631 of 2018

From the Judgment and Order dated 08.07.2009 of the High Courtof Judicature at Madras, in W. A. No. 1384 to 1392 and 1755 of 1999

WITHD

C. A. Nos. 1632-1641 and 1642-1643 of 2018.

R. Venkataramani, Sr. Adv., V. G. Pragasam, PrabuRamasubramanian, S. Manuraj, Yashraj Singh Bundela, Praveen Vignesh,Advs. for the Appellants.

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G. Sivabalamurugan, Vasantha Kumar, L. K. Pandey, P. Jegan,P. Parmeswaran, Advs. for the Respondents.

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted.F2. These appeals arise from the final judgment and order dated

2. These appeals arise from the final judgment and order dated08.07.2009 passed by the High Court of Judicature at Madras in W.A.Nos. 1384 to 1392 and 1755 of 1999 whereby the Division Bench of the High Court dismissed the writ appeals filed by the appellants herein andaffirmed the order dated 13.04.1999 passed by the Single Judge of theHigh Court in W.P. Nos.5486-5494 of 1999 and order dated 13.07.1999Gin W.P. No.11806 of 1999.

3. The issue involved in these appeals is short and in order toappreciate the same, few relevant facts need mention hereinbelow.

4. The first appellant is the Union of India through Secretary,HRevenue Department, Pondicherry and the second appellant is the Revenue Officer-cum-Land Acquisition Officer. The appellants hereinwere respondents whereas the respondents herein, who are thelandowners, were writ petitioners in the writ petitions before the HighCourt.

5. In exercise of the powers conferred under Section 4 of theLand Acquisition Act, 1894 (hereinafter referred to as “the Act”), theGovernment of Pondicherry on 22.12.1986 issued a Notification seekingto acquire land bearing Survey No.2 Pt. of an extent of 3 Hec. 83 Ares50 Cen situated in village Pillaichavadi, Pondicherry for public purpose,namely, establishment of Central University (Phase-V). This wasfollowed by a declaration issued under Section 6 of the Act on 12.03.1987.The acquired land included the lands belonging to the respondents herein.

6. The Land Acquisition Officer (LAO) passed an Award (No.2/1987) under Section 11 of the Act on 01.06.1987 and determined thecompensation for the land acquired at the rate of Rs.318/- per Are.

7. One landowner–Govindammal, whose land was also acquiredunder the same notification, dissatisfied with the rate of compensationawarded by the LAO, sought reference under Section 18 of the Act tothe Civil Court for re-determination of the rate of compensation for hisacquired land. The Reference Court, by its award dated 09.05.1989 inreference case No. L.A.O.P. No.337/88 enhanced the rate ofcompensation of the acquired land from Rs.318/- per are to Rs.1000/-per Kuzhi (Rs. 1868/- per Are).

8. The respondents (landowners) having come to know of thepassing of the award by the Reference Court enhancing the compensationreferred above filed applications under Section 28A of the Act to theCollector (LAO) on 08.08.1991 for re- determination of compensationpayable to them for their acquired land in the aforementioned acquisitionproceedings.

9. Though the Collector made an enquiry, as contemplated underSection 28A of the Act, on the applications made by the respondents butno final orders were passed. The respondents, therefore, filed writpetitions (W.P No. 10649 of 1996 etc.) in the High Court at Madras.

10. The High Court, by order dated 19.08.1998 allowed the writpetitions in part and directed the Collector to dispose of the applicationsfiled by the respondents under Section 28A of the Act. The Collector A

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Aaccordingly disposed of the applications by passing orders on differentdates between 15.11.1994 and 22.11.1994 and re-determined thecompensation payable to the respondents.

11. The respondents, having noticed that the Collector though re-determined the compensation but had failed to award interest onBcompensation under Section 28 or Section 34 of the Act, felt aggrievedof the orders of the Collector and filed a representation to the Collectorpraying therein for award of interest on the compensation. By orderdated 14.12.1998, the Collector rejected the respondents’ representation.

12. Felt aggrieved, the respondents filed writ petitions in the HighCCourt and challenged therein the legality and correctness of the orderdated 14.12.1998 of the Collector declining to award interest on thecompensation determined by him under Section 28-A proceedings.

13. The appellants herein, who were the respondents in the saidwrit petitions, raised a preliminary objection about the maintainability ofDthe writ petitions filed by the respondents. Their main contention wasthat the remedy of the respondents herein in such case lies in applyingfor making a reference to the Civil Court as provided under Section 28A(3) read with Section 18 of the Act. It was contended that if therespondents (landowners) were aggrieved by the order of the Collector,which declined to award the interest on the compensation, theirEappropriate remedy was to seek a reference to the Civil Court as providedunder Section 28A(3) of the Act, it being a statutory remedy available tothem under the Act but not in filing the writ petitions under Article 226 ofthe Constitution.

14. The Single Judge by order dated 13.04.1999, overruled theFpreliminary objection, allowed the writ petitions on merits and awardedthe interest as claimed by the respondents. The Union of India, beingaggrieved by the order of the Single Judge, filed intra court appealsbefore the Division Bench. By impugned judgment, the Division Benchdismissed the writ appeals and affirmed the order of the Single JudgeG(Writ Court). It is against this judgment, the Union of India has filedthese appeals by way of special leave before this Court.

15. Heard Mr. R. Venkataramani, learned senior counsel for theappellants and Mr. G. Sivabalamurugan and Mr. P. Jegan, learned counselfor the respondents.

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16. Mr. R. Venkataramani, learned senior counsel for the appellantswhile assailing the legality and the correctness of the impugned judgment,reiterated the same submissions, which were unsuccessfully urged beforethe High Court.

17. While elaborating his submissions, learned counsel contendedthat the High Court erred in entertaining the writ petitions for decidingthe issue raised therein on merits.

18. According to learned counsel, the issue relating to non-awardof the interest by the Collector under Section 28A(2) proceedings istriable only by the Reference Court (Civil Court) in the referenceproceedings, therefore, the remedy of the respondents (landowners) wasto approach the Collector under Section 28A(3) of the Act for making areference to the Civil Court under Section 18 of the Act and then pursuethe issue further in the forums provided under the Act but not in filing thewrit petitions before the High Court.

19. Learned counsel urged that the non-award of interest by theCollector/LAO under Section 11 or Section 28A(2) proceedings being apart of the award, it attracts the rigour of Section 18 of the Act.

20. Learned counsel urged that if there is any error noticed in theaward, the same can be challenged only before the Civil Court in thereference proceedings under Section 18 or Section 28A(3) of the Act,as the case may be.

21. Learned counsel urged that when the Act is a complete codein itself and provides therein a statutory remedy of reference underSection 18 read with Section 28A(3) of the Act for determination of allthe issues pertaining to compensation payable to the landowners fortheir acquired land, the High Court should not have entertained the writpetitions and instead granted liberty to the respondents (landowners) totake recourse to the remedy of reference to the Civil Court under Section28A(3) of the Act.

22. In reply, learned counsel for the respondents (landowners)supported the reasoning and the conclusion arrived at by the High Courtin the impugned judgment and contended that no case is made out forany interference in the impugned judgment.

23. Having heard the learned counsel for the parties and on perusalof the record of the case, we find no merit in the appeals. In our view, A

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Athe reasoning and the conclusion arrived at by the High Court appears tobe legal and proper.

24. The short question, which arises for consideration in theseappeals is, if the Collector declines to award interest on the compensationunder Section 28A proceedings to the landowners, which is the legalBremedy available to the landowners against such order–the landownersshould approach the Civil Court in reference under Section 28A(3) readwith Section 18 of the Act or should file writ petition under Article 226 ofthe Constitution.

25. In order to decide the question arising in these appeals, someCrelevant sections need mention. These Sections are Sections 11, 18, 23,26, 28, 28-A and 34 of the Act which are mentioned verbatim infra.

Section 11

“11 Enquiry and award by Collector(1) :- On the day sofixed, or any other day to which the enquiry has beenDadjourned, the Collector shall proceed to enquire into theobjections (if any) which any person interested has statedpursuant to a notice given under section 9 to themeasurements made under section 8, and into the value ofthe land at the date of the publication of the notificationEunder section 4, sub-section (1), and into the respectiveinterests of the persons claiming the compensation, andshall make an award under his hand of—

(i) the true area of the land;

(ii) the compensation which in his opinion should beFallowed for the land; and

(iii) the apportionment of the said compensation amongall the persons known or believed to be interested inthe land, of whom, or of whose claims, he has information,whether or not they have respectively appeared beforeGhim:

Provided that no award shall be made by the Collectorunder this sub-section without the previous approval of theappropriate Government or of such officer as the appropriateGovernment may authorise in this behalf:

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Provided further that it shall be competent for theappropriate Government to direct that the Collector maymake such award without such approval in such class ofcases as the appropriate Government may specify in thisbehalf.

(2) Notwithstanding anything contained in sub-section(1), if at any stage of the proceedings, the Collector issatisfied that all the persons interested in the land whoappeared before him have agreed in writing on the mattersto be included in the award of the Collector in the formprescribed by rules made by the appropriate Government,he may, without making further enquiry, make an awardaccording to the terms of such agreement.

(3) The determination of compensation for any landunder sub-section (2) shall not, in any way affect thedetermination of compensation in respect of other lands inthe same locality or elsewhere in accordance with the otherprovisions of this Act.

(4) Notwithstanding anything contained in theRegistration Act, 1908 (16 of 1908), no agreement madeunder sub-section (2) shall be liable to registration underthe Act.

Section 18

18. Reference to Court(1) Any person interested who hasnot accepted the award may, by written application to theCollector, require that the matter be referred by theCollector for the determination of the Court, whether hisobjection be to the measurement of the land, the amount ofthe compensation, the persons to whom it is payable, orthe apportionment of the compensation among the personsinterested.

(2) The application shall state the grounds on whichobjection to the award is taken:

Provided that every such application shall be made,—

(a) if the person making it was present or representedbefore the Collector at the time when he made his award,within six weeks from the date of the Collector’s award; A

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(b) in other cases, within six weeks of the receipt of thenotice from the Collector under section 12, sub-section(2), or within six months from the date of the Collector’saward, whichever period shall first expire.

Section 23

23. Matters to be considered in determining compensation(1) In determining the amount of compensation to beawarded for land acquired under this Act, the Court shalltake into consideration—

first, the market value of the land at the date of thepublication of the notification under section 4, sub-section (1)

secondly, the damage sustained by the person interested,by reason of the taking of any standing crops or treeswhich may be on the land at the time of the Collector’staking possession thereof; thirdly, the damage (if any), sustained by the personinterested, at the time of the Collector’s takingpossession of the land, by reason of severing such landfrom his other land; fourthly, the damage (if any), sustained by the personinterested, at the time of the Collector’s takingpossession of the land, by reason of the acquisitioninjuriously affecting his other property, movable orimmovable, in any other manner, or his earnings; fifthly, if, in consequence of the acquisition of the land bythe Collector, the person interested is compelled tochange his residence or place of business, the reasonableexpenses (if any) incidental to such change; and sixthly, the damage (if any) bona fide resulting fromdiminution of the profits of the land between the time ofthe publication of the declaration under section 6 andthe time of the Collector’s taking possession of the land.

(1A) In addition to the market value of the land, as aboveprovided, the Court shall in every case award an amountcalculated at the rate of twelve per centum per annum onsuch market-value for the period commencing on and fromthe date of the publication of the notification under section4, sub-section (1), in respect of such land to the date of theaward of the Collector or the date of taking possession ofthe land, whichever is earlier.

Explanation.—In computing the period referred to in thissub-section, any period or periods during which theproceedings for the acquisition of the land were held up onaccount of any stay or injunction by the order of any Courtshall be excluded.

(2) In addition to the market-value of the land, as aboveprovided, the Court shall in every case award a sum of thirtyper centum on such market-value, in consideration of thecompulsory nature of the acquisition.

Section 26

26. Form of awards :-(1) Every award under this Partshall be in writing signed by the Judge, and shall specifythe amount awarded under clause first of sub-section (1)of section 23, and also the amounts (if any) respectivelyawarded under each of the other clauses of the samesub-section, together with the grounds of awarding eachof the said amounts.

(2) Every such award shall be deemed to be a decreeand the statement of the grounds of every such award ajudgment within the meaning of section 2, clause (2) andsection 2, clause (9), respectively, of the Code of CivilProcedure, 1908 (5 of 1908).

Section 28

28. Collector may be directed to pay interest on excesscompensation. —If the sum which, in the opinion of theCourt, the Collector ought to have awarded ascompensation is in excess of the sum which the Collector A

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did award as compensation, the award of the Court maydirect that the Collector shall pay interest on such excessat the rate of nine per centum per annum from the dateon which he took possession of the land to the date ofpayment of such excess into Court:

Provided that the award of the Court may also directthat where such excess or any part thereof is paid intoCourt after the date of expiry of a period of one yearfrom the date on which possession is taken, interest atthe rate of fifteen per centum per annum shall be payablefrom the date of expiry of the said period of one year onthe amount of such excess or part thereof which has notbeen paid into Court before the date of such expiry.

Section 28A

28A. Re-determination of the amount of compensationon the basis of the award of the Court:- (1) Where in anaward under this Part, the Court allows to the applicantany amount of compensation in excess of the amountawarded by the Collector under section 11, the personsinterested in all the other land covered by the samenotification under section 4, sub-section (1) and who arealso aggrieved by the award of the Collector may,notwithstanding that they had not made an application tothe Collector under section 18, by written application tothe Collector within three months from the date of theaward of the Court require that the amount ofcompensation payable to them may be re-determined onthe basis of the amount of compensation awarded by theCourt:

Provided that in computing the period of three monthswithin which an application to the Collector shall be madeunder this sub-section, the day on which the award waspronounced and the time requisite for obtaining a copyof the award shall be excluded.

(2) The Collector shall, on receipt of an application undersub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonableopportunity of being heard, and make an awarddetermining the amount of compensation payable to theapplicants.

(3) Any person who has not accepted the award undersub-section (2) may, by written application to theCollector, require that the matter be referred by theCollector for the determination of the Court and theprovisions of sections 18 to 28 shall, so far as may be,apply to such reference as they apply to a reference undersection 18.

Section 34

34 Payment of interest:- When the amount of suchcompensation is not paid or deposited on or beforetaking possession of the land, the Collector shall paythe amount awarded with interest thereon at the rateof nine per centum per annum from the time of so takingpossession until it shall have been so paid or deposited:

Provided that if such compensation or any part thereofis not paid or deposited within a period of one year fromthe date on which possession is taken, interest at therate of fifteen per centum per annum shall be payablefrom the date of expiry of the said period of one year onthe amount of compensation or part thereof which hasnot been paid or deposited before the date of suchexpiry.”

26. Section 11 deals with making of enquiry and award by theCollector. This section provides three Heads under which the award isto be made, namely, (i) the true area of the land; (ii) the compensationwhich in his opinion is payable to the landowners; (iii) the apportionmentof the compensation among all the persons interested in the land.

27. Section 18 provides a remedy to those persons, who have notaccepted the award of the Collector passed under Section 11 of the Act.Such persons can request the Collector to make reference to the CivilCourt to decide the issues. These issues are: first - relating tomeasurement of the land, second - the amount of compensation, third - A

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Athe persons to whom the compensation is payable and fourth - theapportionment of the compensation among the persons interested.

28. Section 23 of the Act provides six factors, which are requiredto be taken into consideration by the Court while determining thecompensation. Sub-sections (1A) and (2) provide for payment of statutoryBcompensation payable to every landowner in addition to the market valueof the land. Under sub-section (1A), the landowner is paid thecompensation at the rate of 12% p.a. of the market value of the landwhereas under sub-section(2), he is paid at the rate of 30% of the marketvalue of his land.

29. Section 26 provides the form of awards. It provides that, firstit shall specify the amount awarded under clause first of sub-section(1)of Section 23 and also the amounts, if any, awarded under each of theother clauses of the same sub-section together with the grounds ofawarding each of the said amounts.

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D30. There are two sections, which deal with the payment of interest,namely, Section 28 and Section 34. So far as Section 28 is concerned, itdeals with the payment of interest on excess compensation. It empowersthe Civil Court to award interest on the excess amount awarded overand above the amount by the Collector. It empowers the Court to directthe Collector to pay interest at the rate of 9% p.a. on such excess amountEawarded by the Court from the date on which the Collector tookpossession of the land to the date of payment of such excess amountinto Court. The proviso to Section 28 further enables the Court to awardinterest on such excess amount if the conditions specified in the provisoare fulfilled in any acquisition proceedings in relation to the land.

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31. So far as Section 34 is concerned, it deals with another modeof payment of interest to the landowners. It provides that if compensationis not paid or deposited on or before taking possession of the land, theCollector shall pay interest at the rate of 9% per annum from the time ofso taking possession until it shall have been so paid or deposited. ProvisoGto this section, however, empowers the Collector to pay interest at therate of 15% p.a., if the conditions specified therein are fulfilled in anyacquisition case.

32. Section 28A provides for re-determination of the amount ofcompensation on the basis of the award of the Court. It enables the H

landowners to approach the Collector to re-determine the amount ofcompensation payable to them on the basis of the award passed by theCourt in the cases of other persons alike them whose lands were alsoacquired under the same notification of Section 4 and who approachedthe Court for re-determination of the amount of compensation payableto them whereas other landowners did not approach the Court alongwith them. Such landowners are given a right to make an applicationwithin 3 months from the date of such award of the Court to the Collectorand claim therein the same compensation which was awarded to otherlandowners by the Court. Sub-section(2) of Section 28A empowers theCollector to conduct an inquiry and make an award determining theamount of compensation payable to such landowners. Sub-section(3) ofSection 28A empowers the landowners to approach the Collector torefer his/their case to the Court in case he/they is/are aggrieved by theaward passed by the Collector under sub-section(2) of Section 28A ofthe Act.

33. From the perusal of the aforementioned sections, it is clearthat while determining the compensation payable to the landowners, theCollector is required to take into consideration three factors, which arespecified under Section 11 whereas the Court is required to take intoconsideration six factors specified under Section 23(1) of the Act. Thesefactors vary from case to case.

34. Likewise, we find that Sections 28 and 34, which deal withpayment of interest on the awarded sum, are attracted in the casewhere the conditions specified under the respective sectionsare fulfilled by the landowner in his case.

35. Similarly, the reference to the Court under Section 18 is madeby the Collector only when there is a dispute as to the measurement ofthe land or to the amount of the compensation or as to the person(s) towhom the compensation is payable and lastly, regarding the apportionmentof the compensation amongst the persons interested in claimingcompensation.

36. In our considered opinion, the dispute relating to non-award ofthe interest to the landowners, whether under Section 28 or Section 34 isnot a dispute, which falls under Section 18 or/and 28A(3) of the Act. Inother words, a reference under Section 18 can only be made by theCollector in respect of those issues, which are specified under Section 18.

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A37. A dispute relating to non-award of interest payable to thelandowners under Section 28 or/and Section 34 of the Act is not specifiedunder Section 18 and hence it is not capable of being referred by theCollector to the Civil Court under Section 18 of the Act. It is also for thereason that payment of interest is statutory in character and beingstatutory, it is mandatory for payment once conditions specified underBSections 28 or/and 34 are fulfilled.

38. It is true that once the interest is awarded by the Court undersection 28 or by the Collector under Section 34 of the Act, it becomesthe part of the award. However, it is hardly of any significance and hasno bearing for deciding the question of remedy to challenge issue relatingCto the non-award of interest.

39. As mentioned above, such issue is required to be decidedkeeping in view the wording of Section 18 of the Act, which specifiesthe issues on which the reference can be made to the Court and non-award of interest is not the issue specified in Section 18 of the Act. InDthis view of the matter, no reference can be made to the Court to decidethe issue of non-award of interest under Section 18 of the Act.

40. The aforementioned reasoning, in our view, equally applies tothe cases falling under Section 28A(2) and (3) of the Act because anydispute, whether arising under Section 11 or 28A(2), is referable to theECivil Court in reference by the Collector under Section 18 of the Act.

41. This Court explained the object and scope of Sections 28 and34 succinctly in the case of Shree Vijay Cotton & Oil Mills Ltd. vs.State of Gujarat, (1991) 1 SCC 262 in the following words:

“16. There is inherent evidence in the wording of Sections28 and 34 to show that the framers of the Act intended toassure the payment of interest to the person whose landwas acquired and it was not the intention to subject thesaid payment to procedural hazards. Section 34 lays downthat “the Collector shall pay the amount awarded withinterest at 6 per cent per annum….” The legislativemandate is clear. It is a directive to the collector to pay theinterest in a given circumstance. Section 34 nowhere saysthat the interest amount is to be included in the award-decree as prepared under Section 23(1) read with Section26 of the Act. Similarly Section 28 provides “the award of F

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the court may direct that the Collector shall pay interest”.Here also the award under Section 23(1) read with Section26 has been kept distinct from the payment of interestunder the section. The interest to be paid under Section34 and also under Section 28 is of different character thanthe compensation amount under Section 23(1) of the Act.Whereas the interest, if payable under the Act, can beclaimed at any stage of the proceedings under the Act, theamount of compensation under Section 23(1) which is anaward-decree under Section 26, is subject to the rules ofProcedure and Limitation. The rules of procedure are hand-maiden of justice. The procedural hassle cannot come inthe way of substantive rights of citizens under the Act.”

42. In the light of the foregoing discussion, we are of the consideredopinion that the dispute in relation to non-award of interest can be raisedby an aggrieved person only by taking recourse to Article 226 of theConstitution in writ petition. In other words, reference under Section 18or Section 28A(3) cannot be considered to be an alternative statutoryremedy available to the landowner for getting the question of non-awardof interest payable under Sections 28 or/and 34 of the Act decided bythe Civil Court.

43. This Court in the case of Delhi Development Authorityvs. Mahender Singh & Anr. , (2009) 5 SCC 339 has also taken thesame view, which we have taken above, in the following words:

“12. In view of what has been indicated above, theconclusion is irresistible that while exercising jurisdictionunder Article 226 of the Constitution there is no scope fordirection to pay interest in a manner not contemplated byeither Section 28 or 34.”

44. In view of the foregoing discussion, we are of the view thatthe High Court was right in entertaining the writ petitions filed by therespondents (landowners) and was eventfully right in allowing the sameon merits.

45. Learned counsel for the appellants did not question theimpugned judgment on merits, therefore, we need not examine the issueinvolved in the writ petitions on merits.

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A46. In the light of the foregoing discussion, we find no merit inthese appeals. The appeals thus fail and are accordingly dismissed.

In C. A. Nos. 1632-1641 OF 2018 @ SLP (C) Nos.20089-20098 of 2012 & C. A. Nos. 1642-1643 OF 2018 @ SLP (C)Nos.21043-21044 of 2012]

BLeave granted.

These appeals are directed against the final judgment and orderdated 22.03.2010 passed by the High Court of Madras in W.P.(c)Nos.5596 to 5605 of 2010 and dated 02.12.2011 in W.P.(c) Nos. 1556-1557 of 2006 whereby the Single Judge of the High Court disposed ofCthe writ petitions filed by the respondents herein on the basis of theorder dated 08.07.2009 passed in W.A. Nos.1384 to 1392 and 1755 of1999.

In view of judgment passed in civil appeals @ S.L.P.(c) Nos.4689-4698 of 2012, these appeals fail and are accordingly dismissed.

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Ankit Gyan

Appeals dismissed.

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F

G

H