RANCHI, India, Aug. 8 -- Jharkhand High Court issued the following order on July 9:
1. The instant writ petition has been filed for direction upon the respondents for payment of compensation of Plot No. 715, Khata No. 203, Mouza Saparum, area 0.285 acres under Tiruldih police station along with cost and interest which was acquired for construction of Swarnrekha Multi-Purpose Project, Chandil, but no compensation was paid to the petitioner.
2. During the pendency of the writ petition, compensation has been paid, as it appears from the supplementary counter affidavit filed on 16.01.2020 wherein it has been stated that the compensation of Rs.39,505/- was released in favour of the petitioner from the office of respondent No. 6 vide Letter No. 30 dated 09.01.2020 for the land acquired.
3. It is contended by learned counsel appearing for the petitioner that Khata No. 203, Plot No. 715 figured in the notification under Section 4 of Land Acquisition Act for requisition, but the final award was not prepared with respect to this plot in the name of the petitioner. It is contended that admittedly the compensation amount was wrongly paid to Sagarmani Mundain as per para-6 of the counter affidavit. It is argued that the petitioner is entitled to interest from 2006 till the date of payment for no fault on her part as the award was made and paid to a wrong person.
4. Learned counsel appearing for the State does not dispute the factual assertion made on behalf of the petitioner.
5. From the above, it is apparent that a delayed payment has been made to this petitioner for which she is entitled to statutory rate of interest, as per Section 34 of the Land Acquisition Act.
6. Under the circumstance, Respondent No.3-Deputy Commissioner, Seraikella-Kharsawan is directed to award interest on the principal compensation amount for the delay in making payment to the petitioner within eight weeks from the date of receipt/production of a copy of this order.
This writ petition stands disposed of. Pending, I.A., if any, also stands disposed of.
Disclaimer: Curated by HT Syndication.