UDEY SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The common question posed in these writ petitions relates to grant of interest after the Award is passed by the Land Acquisition Collector (LAC) but delay has occurred in taking possession of the land. In view of this commonality, these writ petitions were heard together and we propose to dispose of the same by this common judgment. We may first advert to the facts of the two sets of cases. W.P. (C) NO. 5032/2002

(2.) The petitioner in this case was Bhumidar of a small holding i.e. 1 bigha 2 biswas in Khasra No.1289-1290, Khata No.166 in village Rangpuri. The Notifications under Sections 4, 6 and 17(1) of the Land Acquisition Act, 1894 (for short `the Act') in respect of village Rangpuri were passed on 27th June, 1996 and 10th January, 1997 respectively. It was mentioned that the land was required by the Government for a public purpose, namely, for the Planned Development of Delhi, development of Vasant Kunj, Phase IV at public expense. Thereafter, notices under Sections 9 and 10 dated 8th October, 1998 of the Act were issued to the land owners. The petitioner appeared and preferred his claim before the LAC. The LAC thereafter passed the Award on 6th January, 1999.

(3.) Although the urgency provision contained in Section 17 of the Act was invoked while issuing Notifications on the ground that the land is urgently required, no possession of the land was taken immediately thereafter. Normally, in such cases where land is urgently required possession is taken even before passing of the Award which course of action is permissible under Section 17 of the Act. However, in this case even when the Award was made on 6th January, 1999 possession was not taken immediately thereafter. The petitioner, in these circumstances, wrote a letter dated 10th January, 2000 to the LAC, stating that as per the Award he was awarded compensation in the sum of Rs.3,35,294.19 paise but inspite of his approaching the office of the LAC several times, the compensation was not paid to him on the ground that there was no money paid by the acquiring department and that possession of the land had also not been taken. He further stated that he was willing to deliver possession any moment as the land was lying vacant and requested that compensation be paid to him forthwith. Yet, the needful was not done and therefore a reminder dated 19th January, 2001 was sent, wherein he requested that he may either be paid compensation within one month's period or the land itself be denotified and released from acquisition. After waiting for some more time when his patience exhausted, the petitioner filed the present writ petition in August 2002 seeking a writ of mandamus directing respondent No.3 to make payment of compensation, solatium, interest, additional compensation etc. assessed under the Award and also to pay him penal interest at the rate 18 per cent per annum on the awarded amount from the date of Award to the date of payment. Alternative prayer for denotification of the land was also made.