Bhikhari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3196 of 2021 • Bhikhari S/o Rungu Aged About 60 Years R/o Village-Chandrapur, Tehsil-Dabhara, District-Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, Chhattisgarh

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

3. Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Dabhra, DistrictJanjgir-Champa, Chhattisgarh ---- Respondents For Petitioner :

Shri Tapan Kumar Chandra, Advocate For Respondents/ State :

Shri Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 06.08.2021 Heard.

1. Learned counsel for the petitioner submits that the land of the petitioner was acquired by order dated 22.11.2018, however, the amount of award was paid on 20.12.2019, therefore, in addition to the amount of award, the petitioner is also entitled interest on the award under section 80 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation &Resettlement Act, 2013 (for short "the Act of 2013).

2. 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."

3. It is further clarified that if the petitioner moves an application before respondent No.3, about the entitlement of the interest from the date the possession has been taken till the date of actual payment, the same shall also be decided within a further period of 90 days from the date of representation.

4. Directions given by this Court would be subject to the verification of the fact by the authorities concerned so far as the entitlement of the compensation to the petitioner is concerned.

5. With the above direction/observation, this writ petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti