The Hisar Shiv Shakti Co-Op, House Building Society Ltd Through Its Secretary v. State Of Haryana And Others

2023:PHHC:091348

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-15302-2023 Date of Decision: July 20, 2023 THE HISAR SHIV SHAKTI CO-OP, HOUSE BUILDING SOCIETY LTD THROUGH ITS SECRETARY ........ Petitioner

Versus

STATE OF HARYANA AND OTHERS ........Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. G.S. Attariwala, Sr. Advocate with Mr. Vansh Chawla, Advocate for petitioner.

Mr. RKS Brar, Addl.AG, Haryana.

**** HARKESH MANUJA, J. (ORAL) 1.

By way of present petition, prayer has been made for issuance of directions to respondents to pay interest on the delayed payment of interest, beyond three months from the date of order in CWP-25477-2018 decided on 09.09.2021.

2.

As per case set up, the land of the petitioners situated in revenue estate of village Satrod, Tehsil and District Hisar came to be acquired for development of commercial Sector 25, Hisar wherein award No.28 dated 27.01.2011 was passed and market value was assessed and possession was taken over simultaneously. 3.

Later, the amount of award was released in favour of petitioner-landowner on 03.05.2018 i.e. after a gap of more than 7 years and three months. Faced with this, the petitioner approached this Court by way of CWP-25477-2018 seeking payment of interest on delayed release of compensation amount which came to be disposed of vide order dated 09.09.2021, directing the respondents to calculate the TEJWINDER SINGH 2023.07.24 09:44 I attest to the accuracy and integrity of this document

2023:PHHC:091348 CWP-15302-2023 -2interest in accordance with the mandate of Section 34 of Land Acquisition Act, 1894 and pay the same within three months. The aforesaid exercise was carried out by the respondents and the payment of interest on delayed payment was released on 02.03.2023 i.e. after a period of more than 15 months of the expiry of three months period as provided under the order dated 09.09.2021.

4.

At this stage, the grievance of the petitioner is that it is entitled for interest on the delayed release of the amount of interest and in this regard already approached the respondents by way of representation dated 28.04.2023 (Annexure P-5) which has not been redressed so far.

5.

On advance notice, learned State counsel submits that the representation submitted by petitioner shall be considered after affording an opportunity of hearing to it. He further assures that the aforesaid exercise shall be carried out within a period of three months from today and the amount payable, if any, regarding which petitioner is found entitled shall be released within a period of two months thereafter.

6.

In view of the above, the present petition is disposed of. 20.07.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.07.24 09:44 I attest to the accuracy and integrity of this document