IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9282 of 2008 Nageshwar Prasad Singh, son of Late Manna Prasad Singh, Mohalla Rajapur, PS Shri Krishnapuri, district Patna, at present A/8, Deepak Niwas, Anandpuri, PS Shri Krishnapuri, Patna – petitioner. Vs. 1. The State of Bihar, 2. The Secretary, Land Acquisition Department, Bihar, Patna. 3. District Magistrate, Patna. 4. District Land Acquisition Officer, Patna – Respondents. 6 6.7.2009 Shorn of all the facts the only question which is to be decided in this writ petition is whether the payment of interest should be made on the enhanced principal amount or on the basis of the calculation made by the State in their counter affidavit. Certain facts are admitted. It is admitted that an award was prepared on 23.11.1992 granting compensation of Rs. 85,680/-. After the award was prepared, the petitioner was paid Rs. 52,900/- which he accepted under protest and the matter was referred to the Land Acquisition Judge, Patna under section 18 of the Land Acquisition Act. After reference the award amount was enhanced and the total principal amount came to a sum of Rs. 1,24,793/-. The petitioner filed Execution Case No.1/2000 which is pending in the court below. During the execution proceeding the State made calculation granting interest to the petitioner of Rs. 42,708.09. This calculation is derived by the State in the following manner : Compensation granted inclusive of 30% interest – Rs.85,680/-. Amount already paid by the Collector – Rs.52,900/-. Balance to be paid – Rs. 42,780/-. Therefore, the State has calculated the interest on Rs. 42,780/-. 2 The enhanced amount of award granted to the petitioner is Rs. 1,24,793/-. Therefore, in my opinion, the interest has to be calculated on the enhanced award and the payment made to the petitioner has to be deducted from the calculations made. I accordingly direct that the District Magistrate, Patna and the Land Acquisition Officer, Patna should calculate the interest payable to the petitioner on the aforesaid enhanced amount and make deposit of the said amount in the execution case within a period of three months from the date of receipt of a copy of this order. Once the amount is deposited with the executing court, it is expected that the money would be released in favour of the petitioner within a reasonable time and preferably within a period of one month. In the result, this writ petition is allowed with the aforesaid directions. haque (Sheema Ali Khan, J.)