SH LALHLEIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the writ petitioners to issue a rule or pass any other appropriate order (s) or direction to the respondent authorities to make payment of the interest accumulated on the principal rental compensation amount of Rs. 39,05,890/- till 29.6.2007 the date on which the said principal amount was paid.

(2.) The brief case of the writ petitioners is that they were the owner and possessors of the lands which was acquired in the year 1993 by the District Collector for the use and occupation of respondent No. 2 herein since 1964. On acquisition of the said lands in the year 1993, the District Collector Aizawl, respondent No. 3 herein assessed the compensation of the lands at Rs. 33,48,451/-, which, after deposit, was disbursed to the petitioners. The respondent No. 3, while assessing the compensation of the lands also assessed the rental compensation from January, 1964 to June, 1993 at Rs. 39,05,890/-. It was approved by the Government but the same was not paid by the respondent authorities. The petitioners finding no other alternative approached this court by filing a Civil Rule No. 1390/96, which was later registered as LA No. 3/99. The said LA appeal was disposed of by a Division Bench of this court vide Order dated 25.9.2001. On the basis of the said order passed by the Division Bench, the District Collector, respondent No. 3 herein passed an Order on 12.6.2002 wherein interest at the rate of 12% p. a. from June 1993 was ordered to be paid on the rental compensation so assessed. The respondent authorities, respondent Nos. 1 & 2 herein thereafter filed a Special Leave Petition before the Supreme Court against the order passed in LA appeal No. 3/99. The said S. L. P. was also dismissed by the Apex Court. Thereafter, the respondents No. 1 & 2 again filed a review petition which ended in dismissal by judgment and order dated 16.5.2005. The respondents No. 1 & 2 approached this court by writ petition being No. 100/05 challenging the dismissal order dated 16.5.2005. The said writ petition was also dismissed vide Order dated 10.8.2007. After dismissal of the writ petition W. P. (C) 100/05 vide Order dated 10.8.07, the respondent authorities paid the rental compensation amounting to Rs. 39,05,890/- on 29.6.07 without any interest as ordered to be paid.

(3.) It is noticed from the records, annexure and affidavit-in-opposition filed by the respondents that the respondent authorities paid interest up to 12.6.2002 and such fact can be ascertained from Annexure R/1 of the affidavit-in-opposition. A total sum of Rs. 41,99,098/- was paid to the petitioners by the respondent authorities as interest. The writ petitioners also admitted this fact of payment of interest by the respondent authorities to the tune of Rs. 41,99,098/-.