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2012 DIGILAW 1517 (PNJ)

State of Haryana v. Harkaranjit Singh

2012-10-16

HEMANT GUPTA, RAJIV NARAIN RAINA

body2012
Mr. Hemant Gupta, J.:— This order shall dispose of above mentioned three writ petitions as the common question of law and facts arises for consideration. 2. Petitioners claim payment of statutory interest on the delayed payment of compensation for compulsory acquisition of land in terms of the Land Acquisition Act, 1894 (for short the ‘Act’). 3. Petitioners have asserted that the land owned by the petitioners, was acquired in pursuance of the notifications dated 3.10.2006 and 1.10.2007, published under Sections 4 and 6 of the Act respectively. The Land Acquisition Collector announced the award on 24.5.2011 (Annexure P-1) and the possession of the land was taken on the same date thereafter. 4. It is asserted by the petitioners that the amount of compensation was not released to the petitioners, though the petitioners kept on visiting the office of the Land Acquisition Collector. It is pointed out that after strenuous efforts, the compensation was released in parts to some of the land owners in December 2011 and to some other land owners in March 2011. Since, the compensation was not deposited with the Court, in terms of Section 31 of the Act nor disbursed to the petitioners, petitioners claim interest for delayed payment on the amount of compensation. 5. In the written statement, it is asserted that provisions of Section 31 to 34 of the Act are not applicable for the reason that neither the petitioners refused to receive the payment nor there was any dispute regarding the title or receipt of the amount of compensation or appropriation of the compensation. Since, the petitioners have not come forward to receive the compensation, they cannot take benefits of their own lapse. It is pointed out that compensation has been paid to some of the land owners but since, the petitioners have not come forward to receive the awarded amount intentionally, the office of the Land Acquisition Collector is not responsible for delayed payment. 6. Section 31 of the Act, which is relevant to consider the arguments of the parties is reproduced below: - 31. Payment of compensation or deposit of same in Court. 6. Section 31 of the Act, which is relevant to consider the arguments of the parties is reproduced below: - 31. Payment of compensation or deposit of same in Court. - (1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. (3) xxx xxx 7. We have heard learned counsel for the parties and find that the stand of the respondents that petitioners have not come forward to receive the amount of compensation and that they are not entitled to interest, is not tenable in law. In terms of Section 31 of the Act, if the land owners did not receive the amount of compensation, the same has to be deposited with the Court as defined in Section 3(d) of the Act to mean the Court of principal Civil Court of original jurisdiction that is court of District Judge in the State of Haryana. Even if the petitioners were not present at the time of disbursement of the amount of compensation and have intentionally delayed to receive the amount of compensation, the Land Acquisition Collector was under statutory obligation to deposit the amount of compensation with the Court. Having failed to do so, the respondents have made themselves liable for payment of interest in terms of Section 23(1-A) of the Act. 8. Having failed to do so, the respondents have made themselves liable for payment of interest in terms of Section 23(1-A) of the Act. 8. In view of the said fact, present petitions are disposed of with the direction to the Land Acquisition Collector to pay interest in terms of Section 23(1-A) from the date of possession was taken i.e. 24.5.2011 on the unpaid amount of compensation. 9. Disposed of with the said directions.