Durga Prasad Chandra ( Verma) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4978 of 2021 Durga Prasad Chandra (Verma) S/o Late Not Lal Aged About 68 Years R/o Village Urga, Post Kudurmal, Tahsil And District Korba Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh 2.

Collector Korba District Korba Chhattisgarh 3.

Prescribed Authority (Land Acquisition) And Sub Divisional Officer (Revenue) Korba District Korba Chhattisgarh 4.

Project Director Project Implementation Unit, Korba National Highways Authority Of India, Office At Plot No. 1940-41, R. P. Nagar, Phase-I, Dashhara Maidan, Niharika Korba District Korba Chhattisgarh ----Respondents For Petitioner :

Mr. Shashank Thakur, Advocate For State :

Mr. Ashish Tiwari, Govt. Advocate For Respondent No.4 :

Mr. Ali Asgar, Advocate Hon'ble Mr. Justice P. Sam Koshy Order on Board 08/12/2021 1.

The sole grievance of the petitioner in the present writ petition seems to be the inaction on the part of the respondents in not releasing the amount of compensation payable to the petitioner in terms of the award of the land acquisition in respect of the petitioner's property, which situates at khasra No. 944/2D in village Urga, district Korba. 2.

The award under the Land Acquisition Act was published as earlier as on 11.01.2019. However, till date inspite of the fact that the respondent No.4 had already deposited the entire amount awarded to

the respondent No.3, the amount has not been disbursed to the petitioner herein-the claimant in this regard. 3.

On a query being put to the counsel for the parties, it was informed that the award dated 11.01.2019 has till date not been subjected to any modification or alteration, so far as the entitlement of the petitioner is concerned.

4.

Given the said facts, this Court does not find any good reason why the petitioner should not be paid the amount of compensation decided in terms of the award (Annexure P/1) dated 11.01.2019. Accordingly, the respondents No. 2 & 3 are hereby directed to ensure that the compensation payable to the petitioner in accordance with the award dated 11.01.2019, unless the same has been subjected to modification or alteration be released to the petitioner forthwith within a period of 60 days from the date of receipt of the copy of this order. 5.

It is made clear that if the amount is not disbursed to the petitioner without any justified reason, the entire amount shall further carry interest @10% p.a. from the date of award till the actual payment is made and the interest part would be recoverable by the Government from the respondent No.3.

6.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved