LAWS(P&H)-2019-3-221

MANVINDER PAL SINGH BHATIA Vs. STATE OF PUNJAB

Decided On March 26, 2019
Manvinder Pal Singh Bhatia Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The present judgment shall dispose of 7 sets of writ petitions bearing CWP Nos.20410 to 20414, 25857 of 2017; 11558 of 2018 as common questions of law and fact arise for adjudication. The facts are taken from CWP No.20410 of 2017.

(2.) The challenge in the present writ petition filed under Articles 226/227 of the Constitution of India is to the order dtd. 22/5/2017 (P9) whereby interest on the delayed payment of compensation has been denied. The relief in the form of writ in the nature of mandamus directing the respondents to pay the interest @ 18% per annum on the amount of compensation for the delayed period from 6/7/2011 to 30/10/2015 has been sought.

(3.) A perusal of the impugned order (P9) would show that the award was announced on 6/7/2011 which mentioned that compensation of the acquired land would be paid to the landowners on the basis of latest entries of current jamabandi. The majority of landowners have received compensation but the landowners mentioned in the notice did not accept the same as dispute arose for taking payment of the compensation on the basis of possession and on the basis of share as per Revenue record. Resultantly, representation had been made to refer the cases to the District Judge under Sec. 30 of the Land Acquisition Act, 1894.