PAKUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, the learned counsel for the petitioners and Mr. Ali Hussain, the learned Standing Counsel, NF Railways appearing for the respondent Nos. 5 to 7. Also heard Mrs. H. Lalmalsawmi, the learned Government Advocate appearing for the respondent Nos. 1, 2, 3 and 4.

(2.) Having regard to the issue involves, the matter is taken up for disposal at the admission stage.

(3.) Although the case has a checkered history, only bare essential for consideration and disposal of the writ petition is being mentioned. The petitioners by filing this writ petition has partly challenged the Order dtd. 11/12/2020 (Annexure 16) passed by the District Collector, Kolasib in awarding them interest under Sec. 34 of the Land Acquisition Act, 1894, to the extent and manner in which the calculation was made. Mr. A.R. Malhotra, learned counsel appearing for the petitioners submits that as per the proviso to Sec. 34 of the LA Act, the petitioners are entitled to 15% interest from the date of expiry of one year when the compensation amount was not paid to them till final payment. However, the District Collector has calculated the interest entirely @9% per annum from the date of taking possession of the land up till the final payment. He also submits that the amount already assessed by the District Collector was deposited by the NF Railways and paid to the petitioners. However, since the petitioners are entitled to further interest as per the proviso to Sec. 34 of the LA Act, Court may pass appropriate direction in this regard.