Chattisgarh High Court
Abhayram Patel vs State Of Chhattisgarh on 12 December, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5480 of 2022
Abhayram Patel S/o Motiram Patel Aged About 66 Years R/o Village Basantpur,
Tehsil Dabhra, District Sakti, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary Revenue And Disaster Management,
Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur District Raipur
Chhattisgarh
2. Secretary Department Of Water Resource, Mantralaya Mahanadi Bhawan, Atal
Nagar, New Raipur, District Raipur Chhattisgarh
3. Collector Sakti District Sakti Chhattisgarh
4. Sub Divisional Officer Cum Land Acquisition Officer Dabhra, District Sakti
Chhattisgarh
---- Respondents
For Petitioner : Mr. Hariom Rai Advocate
For State : Mr. Rahul Jha, GA
Hon'ble Mr. Justice P. Sam Koshy
Order on Board
12/12/2022
1. The grievance of the petitioner in the present writ petition is for granting of
interest on the amount of compensation for the land acquired by the
respondents belonging to the petitioner.
2. The land of the petitioner stood acquired by the respondents and an award has
been passed on 06.06.2022.
3. The grievance of the petitioner is that the land belonging to the petitioner was
taken possession by the respondents in the year 2011. Therefore, while the
compensation was being paid, the interest part should had been granted from
the date of possession and not from the of award.
4. It is also necessary to take note of the fact that the Supreme Court recently in
case of Gayabai Digambar Puri (Died) Through LR's Vs. The Executive
Engineer & Ors. Civil Appeal (Diary No.17566 of 2020), decided on 03.01.2022,
has held as under:
"2. The limited issue involved in this appeal is about the
liability to pay interest whether commences from the date of
taking possession or only from the date of award. The Court
while issuing notice on 13.01.2021 noted thus:
"Counsel for the petitioner(s) submits that the High Court
has glossed over the crucial fact that in the present case,
urgency clause was invoked. In that event, in light of the
exposition of this Court in R.L. Jain (D) by Lrs. vs. D.D.A. &
Ors., reported in (2004) 4 SCC 79, the interest ought to be
payable from the date of taking possession. Issue notice on
the application for condonation of delay as also on the
special leave petition, returnable in four weeks. Dasti, in
addition, is permitted. Liberty is granted to serve standing
counsel for the State of Maharashtra."
5. In view of the aforesaid, the only issue which needs to be considered at this
juncture is so far as the payment of interest payable to the petitioners from the
date of possession till the date of award. As the subsequent interest part has
already been taken care of as directed by this court in the earlier round of
litigation upon representation being made. The respondents now have to decide
only the entitlement of the petitioners for interest from the date of possession of
land onwards within a period of 90 days, however, though subsequently
payment of interest has been made, the same has been made only from the
date of award.
6. Be that as it may, let the petitioners again approach the respondent No.3 or 4,
as the case may be by way of a suitable representation within a period of 30
days seeking for interest from the date the actual possession was taken from
the petitioners, till date the award was passed. Upon such representation being
made, the respondent No.3 or 4, as the case may be shall take an appropriate
decision strictly in accordance with law and also taking note of the judgment of
the
Supreme Court referred to in the preceding paragraph at the earliest preferably
within a period of 90 days from the date of receipt of representation of the
petitioners.
7. The writ petition accordingly stands disposed of.
Sd/-
(P. Sam Koshy)
Judge
Rohit
