JAIPAL SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) ON 06.01.2014 when this matter was taken up for hearing the following order was passed by us: - "This matter has a long history. Earlier two writ petitions had been filed by the petitioner. The earlier two petitions as well as the present petition pertain to the matter of payment of interest to the petitioner under Section 34 of the Land Acquisition Act, 1894 (hereinafter referred to as ,,the said Act). It is not in dispute that the land in question was the subject matter of Award No.25/2005 -06/DC (N -W) dated 06.02.2006. It is also not in dispute that the possession of the subject land was taken on 13.10.2006. Furthermore, on 06.12.2006 the petitioners written submission with regard to release of compensation amount is also on record. In that written submission an alternative request had been made for reference under Section 30/31 of the said Act. However, it is an admitted position that no such reference was made to the Court by the Collector. In the meanwhile, on 30.11.2010 the petitioner had settled the dispute with the other co -owners and a settlement was arrived at. On that very date i.e. on 30.11.2010 an application was moved before the Land Acquisition Collector for payment of compensation as per the settled share. Ultimately, the compensation was paid to the petitioner and the other co -owners in terms of the settlement on 03.06.2011 by the Land Acquisition Collector. It is, thereafter, that the petitioner served a notice under Section 80 CPC on 29.08.2011 claiming interest under Section 34 of the said Act in respect of the compensation amount received by the petitioner. That was not replied. Since that was not responded by the Land Acquisition Collector, the petitioner filed the first Writ Petition being W.P.(C) 463/2012 wherein by order dated 23.01.2012 this Court observed as under: -

(2.) THE learned counsel for the respondent No.2 has taken instructions as to whether the compensation amount had been deposited in terms of Section 31 of the Land Acquisition Act, 1984. He now states that it had not been so deposited. Consequently, in view of our order dated 06.01.2014, the petitioner would be entitled to interest on the compensation amount @ 9% per annum for the first year and @ 15% per annum in terms of the proviso to Section 31 of the Land Acquisition Act, 1984 for the subsequent period. Interest would be paid w.e.f. 31.10.2006 up to 03.06.2011 when the compensation was received by the petitioner directly from the Land Acquisition Collector. The said interest be computed and paid to the petitioner within four weeks from today.