Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:58293
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6250 of 2025 1 - Parmeshwar Dubey S/o Late Daulat Ram Dubey Aged About 43 Years R/o Village Bailmundi Tehsil Takhatpur District Bilaspur Chhattisgarh
... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mantralaya Mahanadi Bhawan, Atal Nagar Raipur, District Raipur, Chhattisgarh 2 - State Of Chhattisgarh Through Secretary, Department Of Water Resource Mantralaya Mahanadi Bhawan, Atal Nagar Raipur, District Raipur Chhattisgarh 3 - Collector Bilaspur District Bilaspur Chhattisgarh 4 - Sub Divisional Officer (Revenue) Cum Land Acquisition Officer Kota, District - Bilaspur Chhattisgarh 5 - Executive Engineer Water Resource Department Kota District Bilaspur Chhattisgarh
... Respondents For Petitioner : Mr. Aditya Khare, Advocate For Respondents : Mr. Pranjal Shukla, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 02 /12/2025
1. The petitioner has filed this writ petition seeking following reliefs:-
2
“10.1 That, the Hon’ble Court may kindly be pleased to direct the respondent authorities to decide the representation pending under Section 80 of the Act, 2013 within time frame of 02 months in accordance with law (Annexure P/1). 10.2 Any other relief which this Hon’ble Court may deem fit and proper, may also be passed in faovour of the petitioner.”
2. Learned counsel for the petitioner submits that land of the petitioner was acquired by the respondent authorities vide order dated 13.04.2020 and amount of award was also disbursed vide order dated 17.01.2025. Therefore, in addition to the amount of award, petitioner is also entitled to interest on the award 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).
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 or 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 fact that petitioner was paid compensation after a long delay period therefore, if the petitioner moves an application before Respondent No. 3 about the entitlement of interest from date of the possession till date of actual payment, same shall be decided within a period of 90 days from date of representation.
3
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.
6. With the aforesaid observation and directions, this writ petition stands
disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY