Disposed

Yad Ram Nisad v. State of Chhattisgarh

Chhattisgarh HC2 Jul 2024WPC/2676/2024

Case brief

AI extract

What is this about?

Landowners sought interest and full compensation for land acquired by award dated 31.03.2017 but disbursed only in January 2024. The court directed that if they move an application before the Land Acquisition Officer claiming interest from possession till actual payment under Section 80 of the 2013 Act, it be decided within 90 days, subject to verification.

What did the court decide?

Direction to respondent No. 3 to decide petitioners' representation claiming Section 80 interest from possession till payment within 90 days, subject to verification.

Yad Ram Nisad Vs State of Chhattisgarh — Land Acquisition | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2676 of 2024

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1. Yad Ram Nisad S/o Lt. Babulal Aged About 29 Years R/o Village Nawapara (D), Tahsil Dabhra, District Sakti (C.G.)

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2. Santosh Singh Sidar S/o Lt. Babulal Aged About 40 Years R/o Village Nawapara (D), Tahsil Dabhra, District Sakti (C.G.)

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3. Tetoo Ram Bhoopal S/o Lt. Shyam Bihari Aged About 70 Years R/o Village Nawapara (D), Tahsil Dabhra, District Sakti (C.G.)

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4. Ghasiya Ram Yadav S/o Fool Say Aged About 71 Years R/o Village Nawapara (D), Tahsil Dabhra, District Sakti (C.G.)

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5. Jujhar Singh Yadaw S/o Gada Ray Yadaw Aged About 60 Years R/o Village Nawapara (D), Tahsil Dabhra, District Sakti (C.G.)

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6. Shri Ram Yadaw S/o Banthul Yadaw Aged About 60 Years R/o Village Nawapara (D), Tahsil Dabhra, District Sakti (C.G.).

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---- Petitioners

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Versus

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1. State Of Chhattisgarh The Secretary, Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.) .

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2. Collector, Sakti District Sakti (C.G.)

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3. Land Acquisition Officer-Cum-Sub Divisional Officer (Revenue) Dabhara, Dist. Janjgir-Champa (Now District Sakti, C.G.) ---- Respondents

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(Cause-title is taken from Case Information System)

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------------------------------------------------------------------------------------------------------------------For Petitioners : Mr. Abdul Moin Khan, Advocate. For Respondents : Mr. Vedant Shadangi, P. L.

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------------------------------------------------------------------------------------------------------------------- SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board

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03.07.2024

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1. By way of this petition, the petitioner has sought the following relief(s):-

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“10.1 That, this Hon’ble Court may kindly be pleased to direct

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the respondent to pay the interest amount to the petitioners per rules.

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10.2 That, the Hon’ble Court may kindly be pleased to direct the respondent to pay the complete compensation to the petitioners as per rules.

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10.3 Any other relief or reliefs may also be granted to the petitioners which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.

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2. Learned counsel for the petitioner submits that land of the petitioner was acquired vide award dated 31.03.2017, however, the amount of award was disbursed on January, 2024, therefore, in addition to the amount of award, petitioner is also entitled to interest on the award as provided under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act of 2013).

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3. Section 80 of the Act of 2013 reads as under:-

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“80. Payment of interest.- When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent per annum from the time of so taking possession until it shall have been so paid or deposited:

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Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent, per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.”

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4. Considering the fact that petitioner was paid compensation after a period of more than six years therefore if the petitioner moves an application before respondent No. 3 claiming interest from date of the possession till date of actual payment, same shall be decided within a period of 90 days from date of receipt of representation.

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5. Directions given by this Court would be subject to verification of the fact by the authorities concerned so far as the entitlement of compensation to the petitioner is concerned.

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6. With the above direction/observation, this writ petition stands disposed of.

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Sd/(Parth Prateem Sahu) Judge

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Dey

Yad Ram Nisad v. State of Chhattisgarh

Case brief

What is this about?

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Yad Ram Nisad v. State of Chhattisgarh

Case brief

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