Deep Chand & ORS v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1310/2015 DEEP CHAND & ORS ..... Petitioners Through:

Mr S.K.Rout, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr Siddharth Panda, Adv. for R-1 & 4.

Mr K.K.Aggarwal, Adv.for R-2.

Mr Arjun Pant, Adv. for DDA.

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 11.01.2017 In this writ petition the only prayer is with regard to payment of interest under Section 34 of the Land Acquisition Act, 1894. The land in question had been acquired under the emergency provisions and possession of the same had been taken on 02.11.2006. At that point of time 80% of the compensation amount had been paid to the petitioner. With regard to the balance 20%, the same was only paid after an order was passed by this Court on 11.11.2013 in W.P(C) 5470/2013. However, interest on this balance 20%, which is payable under Section 34 of the said Act, has still not been paid. Consequently, we direct that the respondents and, in particular, the Land Acquisition Collector i.e respondent No.1 shall make the payment of interest at the rate of 9% as provided in Section 34 computed from the date of taking of possession till the dates of payment i.e from 02.11.2006 to 18.03.2014 and 21.05.2014. The interest amount be computed and be paid to the petitioners within four weeks from today.

The writ petition is allowed to the aforesaid extent. BADAR DURREZ AHMED, J JANUARY 11, 2017/k ASHUTOSH KUMAR, J