Shivnarayan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) NO. 998 OF 2020 1.

Shivnarayan, S/o Madan, aged about 55 years, R/o Village Chandrapur, Tahsil Dabhra, District Janjgir-Champa (CG) 2.

Damrudhar, S/o Madan, aged about 43 years, R/o Village Chandrapur, Tahsil Dabhra, District Janjgir-Champa (CG) 3.

Manoj Kumar, S/o Madan, aged about 41 years, R/o Village Chandrapur, Tahsil Dabhra, District Janjgir-Champa (CG) ... Petitioners versus 1.

State of Chhattisgarh, through Secretary, Department of Revenue and Disaster Management, Mahanadi Bhawan, Naya Raipur, District Raipur (CG) 2.

Collector, Janjgir, District Janjgir-Champa (CG) 3.

Sub Divisional Officer (Revenue), Dabhra, District Janjgir-Champa (CG) ... Respondents For Petitioners :

Mr. Vimal Kumar Tondey, Advocate.

For Respondents :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board /05/2020 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 in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as, "the Act of 2013") 2.

According to the learned counsel for the petitioners, the land belonging to the petitioners was acquired on 22.11.2018 and the compensation amount for the said land was paid only on 11.11.2019, that is after a period of about one year. Accordingly, the petitioners are entitled for the interest on the delayed payment of compensation, as is envisaged under Section 80 of the 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 and 3 so far as their claim for interest is concerned, and the respondents No. 2 and 3 in turn shall consider and decide the claim of the petitioners in accordance with law under which the acquisition proceedings were drawn, at the earliest, preferably within a period of four months from the date of presentation of certified copy of this order by the petitioners before them. 5.

It is made clear that the directions given by this Court would be subject to the verification of facts by the authorities concerned so far as the entitlement of compensation and interest to the petitioners is concerned. 6.

With the above direction/observation, the writ petition stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE