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2025 DAILYLAW 16667 (CHH)

LOKNATH SINGH v. STATE OF CHHATTISGARH

WPC/2318/2021 · 2025-08-27

Shri Rakesh Mohan Pandey

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:43563 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2318 of 2021 1 - Loknath Singh S/o Late Lohar Singh, Aged About 67 Years Caste Uraon, R/o Village Bimda, Tahsil And Police Station Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Collector, Jashpur, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 3 - The Sub Divisional Officer (Revenue), Bagicha, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 4 - The Executive Engineer, Public Works Department, Setu Division, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 5 - The Executive Engineer, Public Works Department, Setu Division, Raigarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ... Respondent(s) For Petitioner : Shri Sanjeev Kumar Sahu, Advocate. For Respondent/ State : Shri Topilal Bareth, P.L. NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.08.2025 1. The limited grievance that the petitioner has raised in the present petition is for grant of interest on the delayed payment of compensation awarded under the "Right to Fair Compensation and Transparency of Land Acquisition, Rehabilitation and Resettlement Act of 2013" (for short ‘the Act, 2013’). 2. According to the petitioner, the land belonging to him is also entitled to interest on the said amount, as envisaged under Section 80 of the Act, 2013. 3. Section 80 of the Act, 2013 reads as follows: "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." 4. Considering the aforesaid statutory provisions, the petitioner is directed to approach respondents No. 2 & 3 regarding his claim for interest. Respondents No.2 & 3 shall consider and decide the claim in 3 accordance with the law under which the acquisition proceedings were conducted, preferably within a period of four months from the date of receipt of a copy of this order. 5. The directions given by this Court are subject to verification of facts by the authorities concerned with respect to the petitioner’s entitlement to compensation and interest. 6. With the aforesaid observation(s), this petition is disposed of at admission stage. Sd/- (Rakesh Mohan Pandey) Judge Nimmi