1 2025:CGHC:5243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1833 of 2019 1 - Vilas Rao S/o Late Shri Gangadhar Rao Gupte Aged About 71 Years R/o Rajendra Nagar, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - Smt. Anita Gupte Wd/o Late Shri Avinash Gupte Aged About 62 Years R/o Near Head Post Office, Besides Batwe Home, Tilak Nagar, Chantapara, Bilaspur Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Aakash Gupte S/o Late Avinash Gupte Aged About 30 Years R/o Near Head Post Office, Besides Batwe Home, Tilak Nagar, Chantapara, Bilaspur Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Ministry, Mahanadi Bhawan, Naya Raipur, Po And Ps Rakhi, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - District Collector Bilaspur, District Bilaspur Chhattisgarh. 3 - Sub-Divisional Officer (Revenue), Takhatpur, District Bilaspur Chhattisgarh. 4 - Tahsildar Takhatpur, District Bilaspur Chhattisgarh. ---- Respondents For Petitioners : Ms. Apurva Nigam, Advocate holding the brief of Shri Kamal Kishore Patel, Advocate. For Respondent/ State : Shri Lav Sharma, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board Digitally signed by SMT NIRMALA RAO -2- 29.01.2025 1. The petitioners have filed this petition seeking following reliefs: “10.1. That, this Hon'ble Court may kindly be pleased to direct the respondents for payment of interest on awarded amount to the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents for deciding the representation in light of order passed in WPC No. 618/2019. 10.3 Any other relief/ order may also be granted that may be deemed fit and just in the facts and circumstances of the case.” 2. Learned counsel for the petitioners would submit that while acquiring the petitioners’ land for the purpose of construction of Naya Raipur, land acquisition award was passed on 29.06.2017. However, the award amount was disbursed to the petitioners only in February, 2019, therefore, the petitioners are entitled to interest on the award amount under Section 34 of the Land Acquisition Act, 1894. She would further submit that a similar order has already been passed by the Coordinate Bench of this Court in WPC No.618 of 2019 dated 25.2.2019. 3. Learned counsel would draw attention of the Court to the law laid down by the Hon’ble Supreme Court in the matter of Union of India and another vs Pushpavathi and others, reported in (2018) 3 SCC 28, to highlight that the writ petition is maintainable to claim interest under Section 34 of the Act, 1894. 4. Considering the entire facts situation of the case and the judgment rendered by the Hon'ble Supreme Court and the fact that similar order has already been passed by the Coordinate Bench of this 3 Court, the writ petition is disposed of with a direction that, in the event the petitioners submit a representation before the respondent Nos.2 & 3 claiming interest for the period between the passing of the award and its disbursal, within a period of four weeks from the date of receipt of a copy of this order, the said respondents shall consider and decide the representation at the earliest, preferably, within a period of four months thereafter. 5. With the aforesaid observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi