MANOJ MODI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE common facts and question of law are involved in these petitions, thus, they are being disposed of by this common order.

(2.) BY these petitions, the petitioners seek a direction to the respondents to make payment of compensation to the petitioners in lieu of acquisition of their respective land and to pay the interest on the amount of compensation at the rate of 15% as per section 34 of the Land Acquisition Act, 1894 (for short 'the Act, 1894').

(3.) ON the other hand, Shri Moorthy, learned counsel appearing for the State/respondents would submit that the land acquisition proceedings had already been initiated by the respondents and estimated amount of compensation has already been deposited with the Land Acquisition Officer. The Land Acquisition Officer, issued a memo for publication of notification under section 4(1) of the Act, 1894. Therefore, it is clear that the determination of compensation and passing of the award is under process. Shri Moorthy would further submit that as and when the proceedings of land acquisition is completed, the compensation would be paid to the respective petitioners on the basis of the award passed by the Land Acquisition Officer. Shri Moorthy would next submit that since the land acquisition proceeding is under process, thus, this Court while exercising its power under Article 226 of the Constitution of India cannot assess the compensation in lieu of acquisition of land. Thus, this petition deserves to be dismissed. Lastly, he would submit that compensation amount would be payable to the petitioner, as early as possible after completion of the land acquisition proceedings.