PATEL SHANTILAL BHURABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleader waives service and the petition was taken up for final disposal as requested by learned counsel.

(2.) Initially, the notice itself was issued for final disposal of the petition on 16.09.2010. However, after taking necessary instructions from the respondents, learned Assistant Government Pleader was now in a position to make the statement that the amounts due to the petitioner pursuant to the Award declared on 13.07.2009 shall be paid latest by 05.11.2010. It was submitted by her on the basis of the internal correspondence and instruction of Mr.A.S.Bhavsar, Under Secretary, Narmada and Kalpasar Department, who was personally present in the Court, that the payment could not be made in time on account of delay in release of the grant.

(3.) It clearly appears from the record that, not only that the Award is made after six years of the application under Section 28-A of the Land Acquisition Act, 1894, but the total amount of compensation in respect of several claimants has increased by no less than Rs.10,45,000/- due to the interest calculated at the rate of 15% (for the period from 04.07.1988 to 31.07.2009, out of the total payment due of Rs.14,06,364=45 ps., as on the date of the Award. The respondents have taken fourteen more months in preparing themselves for making the payment and therefore, additional amount of interest for the period from 01.08.2009 till the date of payment would fall due. Thus, in short, inordinate delays on the part of the respondents is causing substantial loss to the public exchequer and no specific reason or justification could be cited to defend such inordinate delays. On the other hand, learned counsel for the petitioner submitted that the petitioner, as also the other co-claimants, were suffering irreparable loss and deprivation due to non-payment of the amount of compensation within a reasonable time. He, therefore, urged for payment of special cost along with the amount of compensation, in the peculiar facts and circumstances of the case.