Divya Buildcon Private Limited vs State Of Haryana And Ors

Harkesh Maanuja, J

[1]. By way of present writ petition, praayer has been made on behalf of the petitioner/landowner for release of statutory intterest in terms of Section 80 of the Right to Fair Coompensation and Transparency in Land Acquisition, Rehabilitattion and Resettlement Act, 2013 (hereinafter to be referred as ‘the 2013 Act’) towaards delay in disburssal of the amount of compensatiion under the Award passed by the Land Acquisition Collector.

[2]. As per facts stated in the Writ Petition, some land owned by the petitioner comprised in Killa No.4/2 (4-4), 5/4 (4-4) of Rectangle No.10 situaated within the revenue estate of village Palra, Tehsill and District Gurugram came to be acquired vide Notifications dated 11.12.2013 and 10.12.2014 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) followed by passing of Award dated 09.12.2016 by the Land Acquisition Collector in exerccise of the powers under Section 11 of the 1894 Act.

[3]. It has been stated by learned coounsel for the petitioner that the possession of thhe acquired land was taken overr by the respondents on the datee of passing of Award i.e. 09.12.2016, however the amount of compensation was released only on 18.05.2018 and thus, the pettitioner/landowner was entitled for award of statutoory interest for the delayed periood as per the provisions of Secttion 80 of the 2013 Act.

[4]. On the other hand, learned counsel for respondent No.3 submits that the delay towardds release of compensation was not attributable to the respondents. He points out thhat certain objections towards disbursement of compensation were raised at the insstance of one M/s Phinen Estate Pvt. Ltd. vide written objections dated 04.01.2017 before the learned Land Acquiisition Collector and the matter was thereupon forwaarded to the Reference Court on 17.04.2018 in exercise of powwers under Section 30 of the 1894 Act and thus, the petitioner/landowner was not entitled for awarrd of any interest under Section 80 of the 2013 Act.

[5]. I haave heard learned counsel for the petitioners and perused the paaper book.

[6]. Perrusal of record shows that the subject land was purchased by the petitioner-Comppany vide registered Sale Deed dated 20.07.2010 i.e. much prior to the issuance off Notifications dated 11.12.2013 and 10.12.2014 issued under Sections 4 and 6 of the 1894 Act, respectively. The Award was passed by the Land Acquisition Collector on 09.12.2016 and the posssession of the land in question was taken over from the landowner by the respondeents on the date of the Award itself vide Rapat No.246 (Annexure P-13) and the same was handed over to the representatives of the Estate Officer-II, HUDA, Gurugram.

[7]. In such circumstances, the compensation was required to be released in favour of thee petitioner/landowner on the date of passing of the Award itself. However, in thhe given facts, benefit was reeleased to the petitioner only on 18.05.2018. Eveen though, some dispute was raiised by the predecessors-in-interest of the petitioner towards release of compensatioon vide objection dated 04.01.20017, as pointed out by learned counsel for respondent No.3, and the same was forwarded to the learned Reference Court in terms of Section 30 of the 1894 Act on 17.04.2018; the respondents were under obligation to award the benefit of statutory interesst in favour of the petitioner/landowner at least from the date of passing of the Award i.e. 09.12.2016 till 18.05.2018 i.e. the day when the compensation was deposited with the learnedd Reference Court on account of delayed release of amount of compensation.

[8]. In the light of discussion made hereinabove, the appellant/landowner is held entitled for award of benefit under Seection 80 of the 2013 Act on the delayed disburseement of the compensation amouunt from 09.12.2016 to 18.05.2018.

[9]. Considering the fact that Award in the present case was passed way back on 09.12.2016 and the compensation was deposited with the learned Reference Courrt on 18.05.2018, the concernedd Land Acquisition Collector shhall calculate the ammount due towards the petitioner for the said period and shhall forward the samme to respondent No.3, who shall in turn release the same in favour of the petitioner/landowner. The needful in thhe aforesaid context shall be done within 02 (two) months from today. In case of default, the concerned officer shhall be liable to pay cost(s) of Rs.1,00,000/- to the petitioner/landowner from his//her own pocket and not from the State Exchequer.

[9]. Petition stands disposed of. All pending application(s), if any shhall also stand disposed of.