Nakul v. State Of Chhattsgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 319 of 2020

1. Nakul S/o Itwaru, Aged About 23 Years R/o Village Chandli, Tahsil Dabhra, District : Janjgir-Champa, Chhattisgarh

2. Rajkumari, D/o Itwaru, Aged About 20 Years, R/o Village Chandli, Tahsil Dabhra, District : Janjgir-Champa, Chhattisgarh

3. Sajan Bai, W/o Itwaru, Aged About 45 Years, R/o Village Chandli, Tahsil Dabhra, District : Janjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh Through- The Secretary, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

2. Collector, Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh

3. Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Dabhra, District : Janjgir-Champa, Chhattisgarh ---- Respondents For Petitioners :

Mr. Vimal Kumar Tondey, Advocate For State :

Mr. Ashutosh Mishra, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 23/01/2020

1. The limited grievance that the petitioners have raised in the present writ petition is for grant of interest on the delayed payment of compensation paid to the petitioners under the "Right to Fair Compensation and Transparency of Land Acquisition, Rehabilitation and Resettlement Act of 2013"

2. According to the counsel for the petitioners, the lands belonging to them were acquired in the month of November, 2018 and the

compensation amount for the said lands were paid only in December, 2019 i.e. after a period of more than one year. According to the counsel for the petitioners, they are also entitled for the interest on the said amount as is envisaged under Section 80 of the aforementioned Act of 2013.

3. Section 80 of the Act of 2013 reads as under :- "80. Payment of interest.- When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent, per annum from the time of so taking possession until it shall have been so paid or deposited: Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent, per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry."

4. Considering the aforesaid statutory provisions, let the petitioners approach the Respondents No. 2 & 3, so far as their claim for interest is concerned, and the Respondents No. 2 & 3 in turn shall consider and decide their claim in accordance with law under which the acquisition proceedings were drawn at the earliest, preferably within a period of 4 months from the date of receipt of the copy of this order.

5. Directions given by this Court would be subject to the verification of fact by the authorities concerned so far as the entitlement of the compensation and interest to the petitioners are concerned.

6. With the above direction/observation, this writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved/Rahul