Chattisgarh High Court

Mahesh Chourasiya vs State Of Chhattisgarh on 11 January, 2022

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                                                                          NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR
                       Writ Petition (C) No. 99 of 2022

1. Mahesh Chourasiya S/o Late Parmeshwar Chourasiya Aged About 53
     Years R/o Chatamuda Bypass Road Raigarh Tehsil and District Raigarh,
     Chhattisgarh.
                                                               ---Petitioner(s)
                                   Versus
1. State of Chhattisgarh Through Secretary, Department of Water Resource
     Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District
     Raipur, Chhattisgarh
2.   Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh
3.   Sub-Divisional Officer (Revenue) Cum Land Acquisition Officer Dabhra,
     District Janjgir-Champa, Chhattisgarh
4.   Engineer-In-Chief, Water Resource Department, Raipur, District Raipur,
     Chhattisgarh
5.   Chief Engineer, Water Resource Department, Bilaspur, District Bilaspur,
     Chhattisgarh
6.   Executive Engineer, Water Resource Department, Raigarh, District
     Raigarh, Chhattisgarh
                                                               ---Respondents

Writ Petition (C) No. 102 of 2022

1. Daraprasad S/o Mahanth Aged About 39 Years R/o Chatamuda Bypass Road Raigarh Tehsil and District Raigarh, Chhattisgarh.

---Petitioner(s) Versus

1. State of Chhattisgarh Through Secretary, Department of Water Resource Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh

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

4. Engineer-In-Chief, Water Resource Department, Raipur, District Raipur, Chhattisgarh

5. Chief Engineer, Water Resource Department, Bilaspur, District Bilaspur, Chhattisgarh

6. Executive Engineer, Water Resource Department, Raigarh, District Raigarh, Chhattisgarh

---Respondents Writ Petition (C) No. 107 of 2022

1. Yogyacharan Kaser S/o Puneshwar Kaser Aged About 70 Years R/o Sakti Tehsil Sakti District Janjgir Champa Chhattisgarh.

---Petitioner(s) Versus

1. State of Chhattisgarh Through Secretary, Department of Water Resource Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh

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

4. Engineer-In-Chief, Water Resource Department, Raipur, District Raipur, Chhattisgarh

5. Chief Engineer, Water Resource Department, Bilaspur, District Bilaspur, Chhattisgarh

6. Executive Engineer, Water Resource Department, Raigarh, District Raigarh, Chhattisgarh

---Respondents Writ Petition (C) No. 115 of 2022

1. Indudevi D/o Shri Madan Mohan Aged About 30 Years R/o Heeranagar Mitthumuda Raigarh Tehsil and District Raigarh Chhattisgarh.

---Petitioner(s) Versus

1. State of Chhattisgarh Through Secretary, Department of Water Resource Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh

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

4. Engineer-In-Chief, Water Resource Department, Raipur, District Raipur, Chhattisgarh

5. Chief Engineer, Water Resource Department, Bilaspur, District Bilaspur, Chhattisgarh

6. Executive Engineer, Water Resource Department, Raigarh, District Raigarh, Chhattisgarh

---Respondents & Writ Petition (C) No. 124 of 2022

1. Tikaram S/o Manbahal Aged About 45 Years R/o Savitri Nagar, Kotra Road, Tehsil and District Raigarh, Chhattisgarh.

---Petitioner(s) Versus

1. State of Chhattisgarh Through Secretary, Department of Water Resource Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh

2. Collector Janjgir-Champa, District Janjgir-Champa, Chhattisgarh

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

4. Engineer-In-Chief, Water Resource Department, Raipur, District Raipur, Chhattisgarh

5. Chief Engineer, Water Resource Department, Bilaspur, District Bilaspur, Chhattisgarh

6. Executive Engineer, Water Resource Department, Raigarh, District Raigarh, Chhattisgarh

---Respondents For Petitioners : Shri Hariom Rai, Advocate. For State : Shri Chandresh Shrivastava, Dy. AG, along with Shri Rahul Jha and Shri Ashish Tiwari, Govt. Advocates.

Hon'ble Shri Justice P. Sam Koshy Order on Board

11.01.2022

1. Since common facts and issues are involved in all these writ petitions, they

are being disposed of by this common order.

2. The grievance of the petitioners seems to be non granting of interest to the

petitioners against the land belonging to the petitioners which were

acquired from the date the possession was taken till date the award has

been passed.

3. The facts of the case is that, the land of the petitioners were acquired in

the year, 2018, however, the petitioners were no paid the interest on the

said land and the amount of compensation quantified also was though

deposited with the Land Acquisition Officer, but were not released to them.

The petitioners filed WPC No.4346 of 2019 which was disposed of on

29.11.2019 (WPC No.4322 of 2019, decided on 28.11.2019 in WPC

No.115 of 2022) directing the respondents to release the payment of

compensation already deposited with the land Land Acquisition Officer and

to decide the claim for interest from the date the possession was taken.

4. It is contended by the counsel for the petitioners that pursuant to the

disposal of earlier writ petitions, the respondents promptly released the

compensation to the petitioners and thereafter on a representation they

have been paid the interest also. However, the interest has been paid only

from the date of award i.e. 22.11.2018 and not from the date of possession

of the land. According to the petitioners, the possession was taken from

the petitioners way back in the year, 2011 as has been pleaded in the writ

petitions.

5. It is necessary at this juncture to reproduce the operative part of the order

passed by this court in the earlier round of litigation, which reads as

under :

"4. It is further clarified that if the petitioners move an 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."

6. 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."

7. 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.

8. Be that as it may, let the petitioners again approach the respondent No.3

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 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.