PITAMBAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Learned counsel for the petitioners submits that the land of the petitioners were acquired by order dated 22.11.2018, however, the amount of award was paid in the year 2019, therefore, in addition to the amount of award, the petitioners are also entitled to interest on the award under section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation &Resettlement Act, 2013 (for short "the Act of 2013).

(2.) 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 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."

(3.) It is further clarified that if the petitioners moves an application before respondent No.3, about the entitlement of the interest from the date the possession has been taken till the date of actual payment, the same shall also be decided within a further period of 90 days from the date of representation.