Budhia Bai v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3642 of 2021 • Budhia Bai W/o Pokhilal Aged About 55 Years R/o Village Hirapur, Tahsil Dabhra District - Janjgir - Champa Chhattisgarh • Pirlal S/o Mansaay Aged About 60 Years R/o Village Chandrapur Tehsil Dabhara District Janjgir Champa Chhattisgarh ---- Petitioners

Versus

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

2. State Of Chhattisgarh Through Secretary WRD, Mahanadi Bhawan, Mantralaya, Atal Nagar Chhattisgarh

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

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

Shri Surfarj Khan, Advocate.

For State/Respondents :

Ms. Sameeksha Gupta, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 09.09.2021 Heard.

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 petitioners, the land belonging to the petitioners were acquired in the month of November, 2018 and the compensation amount for the said land was paid only on 17.12.2019 i.e. after a period of about one year. According to the petitioners, they are also entitled for 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/- (Goutam Bhaduri) JUDGE Jyoti