Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11024
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1237 of 2025 1 - Moharlal S/o Ramlal Aged About 55 Years R/o Village- Mohbhatta, Post OfÏce Hirri, P.S. And Tahsil- Bilha, District- Bilaspur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Raipur (C.G.) 2 - Collector District- Bilaspur (C.G.) 3 - Sub Divisional OfÏcer (Revenue) Cum- Land Acquisition OfÏcer Bilha, District- Bilaspur (C.G.)
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Ms. Renu Kochar, Advocate. For Respondent/State : Mr. Santosh Bharat, Panel Lawyer. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.07 17:14:37 +0530
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Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 06.03.2025
1. Heard.
2. Learned counsel for the petitioner submits that the land of the petitioner was acquired for construction of Dam under Arpa-Bhaisa Jar barrage project and the award was passed on 09.11.2016 (Annexure P-1). It is stated that the amount of award though was passed on 09.11.2016 but actually the compensation was paid on 19.06.2023 and the interest has not been paid whereas the possession of the land was taken earlier. It is submitted that the petitioners though was also entitled for interest on the award under section 80 of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation &Resettlement Act, 2013 (for short
“the Act of 2013) but the same is not been paid.
3. Section 80 of the Act of 2013 reads as under :-
“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: 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 the petitioners have not been paid the interest on the amount of award, the petitioners are given liberty to make an application before respondent No.3, about the entitlement of the interest from the date of possession till the date of actual payment, and if such application is filed, the same shall be decided within a further period of 90 days from the date of representation.
5. Directions given by this Court would be subject to the verification of the fact by the authorities concerned so far as the entitlement of the compensation to the petitioner is concerned.
6. With the above direction/observation, this writ petition stands
disposed of. Sd/-
(Bibhu Datta Guru) Judge Shoaib