Parmanand v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4704 of 2019

1. Parmanand, S/o Puniram, Aged About 55 Years, R/o Village Chandrapur, Tahsil-Dabhra, District : Janjgir-Champa, Chhattisgarh

2. Ramnand, S/o Puniram, Aged About 50 Years, R/o Village Chandrapur, Tahsil Dabhra, District : Janjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, New Raipur, District : Raipur, Chhattisgarh

2. Collector, District : Janjgir-Champa, Chhattisgarh

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

Mr. Tarun Dansena, Advocate For State :

Mr. Ayaz Naved, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 02.01.2020

1. Learned counsel for the petitioners submits that the land of the petitioners were acquired by order dated 29.08.2018, however, the amount of award was not disbursed till date, therefore, in addition to the amount of award, the petitioners are 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

-2possession 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. Considering the fact that, the petitioners have not been paid the amount of award, the State/respondents are directed to make payment within a further period of 30 days from the date of representation of a copy of this Order.

4. It is further clarified that if the petitioners move application before the 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.

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

6. With the above direction/observation, this Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Rahul