Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:14047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1403 of 2021 1 - Badri Prasad Sahu S/o Bhagwat Sahu Aged About 76 Years R/o Village- Taroud, Tahsil- Akaltara, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh.
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Revenue, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur, Chhattisgarh.,
District
:
Raipur,
Chhattisgarh 2 - Collector District- Janjgir-Champa, Chhattisgarh., District : Janjgir- Champa,
Chhattisgarh 3 - Sub Divisional Officer (Revenue)-Cum-Competent Authority National Highway No. 200 (New No. 49) Champa, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. ---- Respondents For Petitioner : Shri Upendra Kumar, Advocate holding the brief of Shri Govind Prasad Dewangan, Advocate. For Respondent/ State : Ms. Neelima Singh Thakur, P.L. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 24.03.2025
1. Heard on admission.
2. The petitioner has filed this petition seeking the following relief(s):- SMT NIRMALA RAO
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“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay/grant the interest @ 18% per annum on the delayed payment of compensation from the date of notification/award till date of actual payment of compensation to the petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”
3.
Learned counsel for the petitioner would submit that the father of the petitioner, namely Bhagwat Sahu, was the owner of land bearing Survey No.100, admeasuring 0.224 hectares situated at Village Taroud, Tehsil Akaltara, District Janjgir-Champa. He would contend that the land of the petitioner was acquired for the construction of the National Highway according to the provisions of the National Highways Act, 1956 and accordingly, the award was passed by the Land Acquisition Officer/respondent No.3 on
24.8.2016. He would also submit that the amount of compensation was deposited with respondent No.3, but there was an inordinate delay in payment of compensation; therefore, the petitioner is entitled to interest on the delayed payment. He would further contend that a direction may be issued to respondent No.3 to
3 grant interest on the delayed payment of compensation to the petitioner.
4. On the other hand, learned counsel appearing for the State would oppose the submissions made by counsel for the petitioner. She would submit that 12% interest, as per the award, was paid to the petitioner along with the compensation. She would also submit that the petitioner failed to approach respondent No.3 to collect the amount of compensation.
5. I have heard learned counsel for the parties and perused the documents present on the record.
6. Taking into consideration the above-discussed facts, at this juncture, the petition is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No.3, claiming therein interest part on the delayed payment of compensation and if such a representation is made, respondent No.3 shall decide it expeditiously, preferably within a period of 120 days from the date of receipt of a copy of this order.
7. With the aforesaid observation, the petition is disposed of at the admission stage itself. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi