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2016 DIGILAW 672 (JHR)

Sukro Orain v. Union of India

2016-04-21

APARESH KUMAR SINGH

body2016
ORDER : 1. Heard learned counsel for the parties. 2. Petitioners in both the writ petitions are the beneficiaries of the award rendered by the learned Arbitrator, Hon'ble Mr. Justice Vikramaditya Prasad (Retd.) in Arbitration Case No. 1 of 2010, 2 of 2012 dated 30.9.2011. In the second writ petition reference to the order dated 19.11.2011 of the learned Arbitrator is also made. The arbitration was in respect of the claim for compensation along with solatium and interest in respect of land of the individual persons acquired by the Defence Ministry, Government of India. For execution of the said award essentially, these writ petitions were preferred by the petitioners. 3. During the pendency of the writ petitions, orders were passed granting time on the submission of learned A.S.G.I. appearing on behalf of Union of India that necessary proposal for obtaining Government sanction under "Charged Head" for payment of awarded amount has already been forwarded to the Higher Authorities for according sanction. Learned A.S.G.I. has produced the order of sanction dated 19.4.2016 issued by the Director, Defence Estates, Central Command, Lucknow showing allotment of a total Rs. 4,87,84,248/- to the Defence Estates Officer, Bihar and Jharkhand Circle, Danapur Cantt. under Suspense Head for release of the awarded amount to the Drawing and Disbursing Officer. The Defence Estates Officer, JOB Circle, Danapur Cantt. on 19.4.2016 has also requested the Controller of Defence Accounts (E-Section), Patna to arrange to place the cash assignment of fund of Rs. 4.87 Crores and odd in favour of State Bank of India, Danapur at the disposal of DEO, JOB Circle, Danapur Cantt. to meet the obligatory payment of awarded amount. Similar sanction order of the same date 19.4.2016 has also been issued by the same authority in the name of DEO, JOB Circle, Danapur Cantt. to arrange to place the cash assignment of fund of Rs. 2.75 Crores and odd in favour of State Bank of India, Danapur at the disposal of DEO, JOB Circle, Danapur Cantt. to meet the obligatory payment of awarded amount. These letters are taken as part of the record. 4. Learned A.S.G.I. submits on instructions that after the amount is remitted to the DEO, JOB Circle, Danapur Cantt. 2.75 Crores and odd in favour of State Bank of India, Danapur at the disposal of DEO, JOB Circle, Danapur Cantt. to meet the obligatory payment of awarded amount. These letters are taken as part of the record. 4. Learned A.S.G.I. submits on instructions that after the amount is remitted to the DEO, JOB Circle, Danapur Cantt. for disbursement, it would take about 2 weeks time to process the same and release it in favour of Drawing and Disbursing Officer cum Deputy Commissioner, Ranchi for disbursement to the actual beneficiaries after proper verification of their identity, which would take another 4/6 weeks time. 5. Learned counsel for the petitioners submit that a shorter time be granted as the matter has remained pending since long even after the award for disbursement of actual payment. 6. Having considered the relevant material facts noted herein above and the submission of the parties, in view of the stand now reflected through the sanction order dated 19.4.2016 on the part of the respondent-Defence Authorities, the writ petitions are disposed of so that individual petitioners/beneficiaries of the award in question be paid the awarded amount by the competent authorities in accordance with law within a reasonable period preferably 6 weeks from the date of receipt of the copy of this order after due verification of their identity. 7. The writ petitions are disposed of accordingly. Petitions disposed of.