SWAROOP CHAND JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondent authorities to pay the balance amount with interest and interest on the interest due from the date of acquisition of their property and further, a sum of Rs. 50,000/- as compensation for hardship and agony sffered by the petitioners.

(2.) THE facts, in nutshell, as projected by the petitioners, are that way back in the year1946, the land of the petitioners admeasuring 4.20 acres situated at khasra No. 207/2 at Bhanpuratappur, was acquired by the Forest Department without due process of law. THE petitioners made several representations, legal notices and made various correspondences with the respondent authorities for grant of compensation or for allotment of alternate plot, but nothing was done. Later on, in the year 1985, the land acquisition proceeding started by issuance of notification under section 4 of the Land Acquisition Act, 1894 (for short 'the Act,1894') but when no award could be passed within the stipulated period as provided under section 11(A) of the Act, 1894, the proceeding lapsed.

(3.) SHRI Dwivedi, would further submit that as per Section 34 of the Act, 1894, interest is payable on the principal amount, and not on the amount of interest itself. The petitioner has been awarded Rs.16,38,000/- with interest of Rs. 88,200/- after valuation of the property.