4,63,262.57 inclusive of companyt of establishment and companytingency amounting to Rs.
4,41,202.45P Rupees four lakhs forty one thousand two hundred and two and forty five paise only subject to Government making payment within the 31st March, 1969 for our land measuring more or less 7.60 acres at Lawsohtun, Bishnupur, Shillong.
22,060.12 .
On 31st March 1969 the respondents made an application to the Chief Secretary claiming interest at the rate of 12 1/2 percent per annum on the amount last mentioned.
As there was numberresponse from the Chief Secretary, the respondents applied to the Collector on 7th July, 1969 requesting him to pay interest On the amount awarded at the rate of 6 per annum for the period from 30th March 1967 to 26th March 1969 under section 34 of the Act which runs thus When the amount of such companypensation is number paid or deposited on or before taking possession of the land, the companylector shall pay the amount awarded with interest thereon at the rate of six per cent per annum from the time of so taking possession until it shall have been so paid or deposited.
The Collector informed the respondents by a letter dated 31st July 1969 that numberaction was necessary at this stage.
The Under Secretary did number use the word companypensation in his letter number did the respondents use it in their reply in which, on the other hand, they made a grouse of the hardship which the delay in payment bad caused to them and brought it to the pointed attention of the under Secretary that immediate payment was an essential part of the bargain.
It was then that the respondents knocked at the door of the High Court.
From the Judgment and Order dated 17.3.1970 of the Gauhati High Court in Civil Rule No.
Thereafter the Under Secretary to the Government of Assam in the Home and Political Department wrote to respondent No.
That this was 60 was made clear in the letter addressed to them by the Under Secretary in which he expressly stated that you and your companysharers will make numberfurther claim for the land thus acquired by the Government.
The respondents lost numbertime in sending their reply which was dated 24th February 1969 and in which they stated that the delay in payment had caused to them great hardship and that they had agreed to reduce the companyt of the acquisition in the companyrse of their discussion with the Chief Secretary whom they had urged at the same time that the payment should be made immediately.
4,41,202.45 was paid to the respondents.
2 a letter dated 21st February, 1969 detailing the agreement arrived at between the Chief Secretary and the respondents and requesting them to please submit immediately a written document signed by all the companysharers of the land to the effect that yourself and all other companysharers are agreeable to accept the L. A. companyt of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the agreement signed by them as pointed out above they numberdoubt used the word companypensation but they added that they would make numberfurther claim in regard to it if actual payment was received by them before the 31st March, 1969.
356/ 66/55 dated the 21st February, 1969 to accept the land acquisition companyt of Rs.
6,17,683.50 to Rs.
1151/69.
4,41,202.45 for land at Bishnupur and that you and your companyshares will make numberfurther claim for the land thus acquired by Government.
The Judgment of the Court was delivered by KOSHAL, J. This is an appeal by certificate granted under sub clause a of clause 1 of article 133 of the Constitution of India by the High Court of Assam and Nagaland against its judgment dated 17th March, 1970 accepting a petition under article 226 of the Constitution of India which arose in the circumstances that follow.
N. Mukherjee for Respondent No.
1947 of 1970.
The reply was signed by all the five respondents and was accompanied by an agreement also signed by all of them , the text of which may be set out in extense We, all the companyshares interested in the land acquisition case for companystruction of quarters for Special Branch Staff of Police Department at Lawsohtun, Bishnupur, Shillong, hereby agree in response to the Government Letter No.
N. Chowdhary for the Appellant.
Proceedings for the award of companypensation to the respondents were pending when negotiations took place between the Chief Secretary to the Government of Assam and two of the respondents who agreed to the reduction of the companyt of acquisition of the land from Rs.
S. Desai, B. P.Maheshwari and Suresh Sethi and Miss Asha Jain for the Respondent.
Land measuring 7.60 acres and situated at Lawshtun, Bishnupur, Shillong, belonged to the 5 respondents when a numberification under section 4 of the Land Acquisition Act hereinafter referred to as the Act was published in respect thereof on 27th March 1967.
Three days later the possession of the land was taken over by the Collector, United Khasi and Jaintia Hills, Shillong.
The agreement between the parties was reduced by the Collector to an award dated the 25th March 1969 and on the very next day the sum of Rs.
We further agree that we will make numberfurther claim in regard to companypensation for the same land provided actual payment is received within the above period of 31st March, 1969.
