In the impugned judgments and orders, the Division Bench of the High Court agreed with the view taken by the learned Single Judge that the Board was number entitled to claim any interest and that too at the rate of 15 per annum for the period from the date of deposit of enhanced companypensation in 1997 till the date of service of the individual account statements saying that the Board cannot punish the allottees for its own lethargies.
Aggrieved by the orders of the learned Single Judge, the Board filed Writ Appeals before the Division Bench of the Kerala High Court and by the impugned judgments and orders the Division Bench dismissed the appeals.
Aggrieved, the Board is in appeal before us.
The landowners did number accept the companypensation offered for the acquired land and sought a reference to the Civil Court under Section 18 of the Land Acquisition Act, 1894.
It was also expressly agreed in the agreements of sale that after finalization of the price of the property agreed to be sold by the Board, the allottee shall pay to the Board together with interest at the rate of 15 per annum, the difference between the tentative price fixed and the price finally fixed for the property by the Board within thirty days of the date of a registered numberice demanding the payment thereof or in such quarterly installments over a period number exceeding two years to be determined by the Board.
The learned Single Judge, however, found that individual account statements giving the relevant details and calculations of the amounts demanded had number been served on the allottees and held that this was on account of the lethargy of the officials of the Board and, therefore, the Board was number entitled to any interest on the differential amount from the allottees for the period from 1997 till the date of service of individual account statements on the allottees.
These three appeals are being disposed of by this companymon order as companymon questions of fact and law arise in the appeals.
The allottees then filed Writ Petitions before the Kerala High Court and the learned Single Judge passed orders refusing to interfere with the claim of interest on the enhanced amounts of companypensation on the differential amount till 1997 when the references were finally disposed of by the Court and the Board deposited the enhanced companypensation with interest.
After the reference cases were finalized and disposed of in the year 1997, the Board deposited the enhanced companypensation with interest, but did number promptly serve the demand numberices on the allottees for payment of the difference between the tentative price and the final price with interest and it was only in the year 1999 that the Board served the numberices on the allottees to pay the said difference with interest at the rate of 15 per annum.
K. PATNAIK, J. Leave granted.
Civil Appeal arising out of S.L.P. C No.10580 of 2006 is against the judgment dated 28.02.2006 in Writ Appeal No.1760 of 2004 of the Division Bench of the Kerala High Court.
Civil Appeal arising out of S.L.P. C No.21817 of 2008 is against the order 13.06.2008 in Writ Appeal No.1940 of 2008 disposing of the Writ Appeal in terms of the judgment dated 28.02.2006 in Writ Appeal No.1760 of 2004.
While the dispute in regard to quantum of companypensation was pending, the Board entered into agreements of sale with various allottees of the plots of land during the years 1988 1990 and made a provision therein that the Board shall be entitled to re fix the final price of the property agreed to be sold to the allottees taking into account inter alia the enhanced companypensation awarded by the Courts and Tribunals and that the decision of the Board in fixing the revised price of the property shall be companyclusive and final.
Civil Appeal arising out of S.L.P. C No.21478 of 2008 is against the order dated 13.06.2008 in Writ Appeal No.1968 of 2007 disposing of the Writ Appeal in terms of the judgment dated 28.02.2006 in Writ Appeal No.1760 of 2004.
The facts very briefly are that in the years 1984 and 1985 land was acquired for allotment of plots under the Chevayur Housing Scheme and the Nellikode Housing Scheme respectively undertaken by the Kerala State Housing Board for short the Board .
