PROMILA GUPTA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) W.P.(C) 537/2010 and W.P.(C) 5886/2010 seek mandamus for payment of the compensation for acquisition of land under the Special Rehabilitation Package (SRP) announced by the Land and Building Deptt. of the Govt. of NCT of Delhi on 1st October, 2008. Though in W.P.(C) Nos.6984 to 6992 all of 2011, besides the said relief, a relief for payment of the award amount was also claimed but the counsel for the petitioners state that the same has been since received and now does not survive; however the said writ petitioners also seek direction for payment of interest @ 18% per annum on the award amount from the date the said amount was deposited by the DDA with the office of the respondent Land Acquisition Collector (LAC) and till the date of its disbursement.

(2.) I will first take up the aspect of claim for interest.

(3.) ON enquiry from the counsel for the petitioners as to why the petitioners should be held entitled to interest for the said delay even if any since the petitioners continued to enjoy the benefits and possession of the land, the counsel for the petitioners contends that the petitioners could not fully enjoy the land even though continued in possession thereof since under threat of acquisition they could not be expected to make any improvements etc. on the land and thus could not fully beneficially enjoy the land. ON further enquiry, as to what improvements could have been made, the land being agricultural, the counsel states that the irrigation facilities for better yield from the land could have been improved and improvement whereof was not made owing to the sword of acquisition hanging over their head.