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2023 DAILYLAW 453 (ORI)

MAHANADI COALFIELDS LTD., ANGUL v. RAJKISHORE BEHERA

FAO/440/2023 · 2026-01-19

B P Routray

body2023

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.440 of 2023 Mahanadi Coalfields Ltd., represented through its Chief General Manager, Talcher, Angul and Another …. Appellants Mr. Haripad Mohanty, Advocate -versus- Rajkishore Behera and Others …. Respondents None is present CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 19.1.2026 Order No. 06. 1. Heard Mr. H. Mohanty, learned counsel for the Appellants. No one appears on call for the claimants – Respondents despite the name of their Lawyer is indicated in the list. 2. It is submitted on behalf of the Appellants that the issue involved in the present appeal is squarely covered by the decision of this Court dated 22nd March 2024 passed in FAO No.863 of 2018, wherein this court by taking note of the provisions contained under Section 16 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 has directed for reduction of the rate of interest up to 5% on the enhanced amount. 3. In the present facts of the case, as per the original award dated 22nd November 2013, the tribunal directs for payment of enhanced compensation amount of Rs.2,78,427.93 paise along with interest @ of 9% and 15% per annum, as the case may be. It was further directed that the differential amount should be paid by end of March, 2014, failing which the entire compensation amount, i.e. Principal + interest Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: OHC, Cuttack Date: 20-Jan-2026 11:37:50 Signature Not Verified + escalation + solatium, shall carry further interest @ 15% per annum from the date of notification under Section 4(1) of the Coal Bearing Areas Act, 1957. 4. Considering the principles settled in the earlier decision of this court dated 22nd March, 2024 (referred above) the rate of interest is reduced to 5% from 15% on the differential amount without granting any further interest on the same. 5. Further taking note of the settled principles, the interest is liable to be calculated from the date of publication of Section 9(1) notification. 6. With aforesaid directions the appeal is disposed of. ( B.P. Routray) Judge M.K.Panda