Prathvi Social Educational & Dr. Rajendra Katoch Welfare Society v. Rajan S Katoch
2011-02-22
K.K.LAHOTI, SUSHMA SHRIVASTAVA
body2011
DigiLaw.ai
JUDGMENT : It is submitted by respondents that order dated 17.11.2009 has been complied with on 7.2.2011 by making payment of additional Rs.1,00,000/- to the dependents of deceased persons who were killed in the riot. Learned counsel for petitioner submitted that there is no explanation on the part of respondents for such delayed compliance of order dated 17.11.2009 and the compliance has been made on 7.2.2011. Earlier also the respondents were noticed for the compliance of order vide Annexure C-2 on 11.12.2009 and Annexure C-3 on 16.1.2010, but in spite of this order has been complied with after such long period, so for delayed compliance interest may be awarded. Shri Samdarshi Tiwari, learned G.A., opposed the prayer and submitted that in absence of any direction in the order dated 17.11.2009, no compensation can be paid. It is submitted that the proceedings be closed as the order has been complied with. Though it is true that in order dated 17.11.2009, there are no directions in respect of payment of interest to the dependents of deceased persons, but the order dated 17.11.2009 ought to have been complied with, within a reasonable period, which could not be more than 2 months from the date of the order. It appears that earlier compensation was awarded, that was paid @ Rs.1,00,000/- to the dependents of Con.C.No.194/2010. Prathvi Social Education & Dr. Rajendra Katoch & another Welfare Society, Burhanpur persons who were killed in the riots. The Court vide order dated 17.11.2009 directed payment of additional compensation to all the dependents of the deceased @ Rs.1,00,000/- per person. In these circumstances, the respondents ought to have complied with the order within a reasonable period, but apparently the payment has been made belatedly. Considering aforesaid fact and considering the fact that there is no explanation on the part of respondents in respect of non-payment of amount within the reasonable period, we dispose of this contempt case with following directions :- 1. The State of Madhya Pradesh/Collector, Burhanpur to make payment of interest on Rs.1,00,000/- (Rupees one lac only) from the date of the order dated 17.11.2009 till its payment i.e. 7.2.2011 @ 6% per annum. 2. The aforesaid amount shall be paid to the dependents of deceased persons within a period of two months, as prayed by Shri Tiwari. With the aforesaid directions, the proceedings are closed, with no order as to costs. C.C., as per rules.