Harilal vs (Deleted) Ambalgan P Secretary
2023 Latest Caselaw 1151 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 CONT No. 12 of 2023
     Harilal S/o Gulab Uraon Aged About 37 Years Caste Schedule Tribe, Resident Of
     Village Heerapur, Tehsil Dabhara, District Janjgir Champa Chhattisgarh (Petitioner
     No. 04 In The Writ Petition No. 652/2022)

                                                                                   ---- Petitioner

                                          Versus

  1. (Deleted) Ambalgan P Secretary As Per Hon'ble Court Order Dated 09.01.2023.

  2. (Deleted) Taran Prakash Sinha As Per Hon'ble Court Order Dated 09.01.2023.

  3. (Deleted) Nupur Rashi Panna As Per Hon'ble Court Order Dated 09.01.2023.

  4. (Deleted) A.K.Somawar As Per Hon'ble Court Order Dated 09.01.2023.

  5. (Deleted) Indrajeet Uike As Per Hon'ble Court Order Dated 09.01.2023.

  6. Divya Agrawal Sub Divisional Officer (Revenue), Dabhara, District Sakti
     Chhattisgarh

  7. (Deleted) Sushil Gupta As Per Hon'ble Court Order Dated 09.01.2023.

                                                                              ---- Respondents

23/02/2023 Mr. Hariom Rai, counsel for the petitioner.

Mr. Vijay K. Deshmukh, counsel for the respondent/s.

The present contempt petition has been filed alleging non

compliance of the order dated 17.02.2022 passed in WPC No.652 of 2022.

The operative part of the order passed by this Court in the aforesaid

writ petition reads as under :-

"7. 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."

Mr. Vijay Deshmukh, Counsel appearing for the respondent no.3

has produced a document dated 29.12.2022 whereby the respondents

after constituting the Committee has determined the claim of the petitioners

in six writ petitions of similar nature who were claiming interest from the

date of possession being taken by the respondents till the date of award.

The dispute in the petition was only so far as interest from the date

of possession having been taken till the date of award. Subsequent to the

award the interest has already been paid to the respective individuals.

Respondent no.3 vide order dated 29.12.2022 passed an order in favour of

the petitioners holding them to be entitled for the interest from the date of

possession. The amount payable also has been quantified and matter

stands referred to the higher authorities in the department seeking for

release of fund to the petitioners.

Taking into consideration the stand of the respondents, particularly,

the respondent no.3 who has allowed the claim of the petitioner and has

decided the entitlement part and quantum of payment payable, this Court

is of the opinion that part to be executed by the respondent no.3 stands

duly complied with. However, in case if petitioners have till date not been

able to reap the fruits of the order passed by the Sub Divisional Officer the

recourse available to the petitioner would be by availing fresh petition with appropriate directions to the respondent State for making allotment of

necessary funds to be released towards compliance of the order passed by

the Land Acquisition Officer in the instant case dated 29.12.2022.

Reserving the right of the petitioner to avail such benefits and relief

the present contempt petition as of now stands disposed of.

Sd/-

(P. Sam Koshy) Judge

Rohit