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Lato Das S/o Late Kewal Das vs State Of Jharkhand

Jharkhand High Court · Decided on 19 June 2025 · Citation: (2025) 06 JH CK 0897

HON’BLE JUDGES
Gautam Kumar Choudhary, J
RESULT
Disposed Of
CASE NUMBER
W. P. (C) [Filing] No. 5446 Of 2025

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Judgment

10 paragraphs · 315 words

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

1.

The instant Writ Petition has been filed for issuance of direction upon the respondents to pay interest on the award under Section 28 of the Land Acquisition Act, 1894 (in short be referred as Act, 1994) at the rate of 15% per annum for delayed payment of the awarded amount under Section 18 of the said Act, in connection with LR Case No.51/ 2008 to 68/ 2008, LR Case No.70/2008 to 98/2008, LR Case No.10/2010 & LR Case No.115/2010 to 130/2010.

2.

The office has pointed out defect(s) with regard to maintainability of the instant Writ Petition in view of the fact that several land acquisition cases have been rolled up in one writ petition.

3.

The defects pointed out by the office is ignored.

4.

The main grievance of the petitioners is that the statutory interest amount on the alleged Award has not been paid to the petitioners and consequently, being aggrieved by that, they filed Protest cum Reference Petition under Section 18 of the Land Acquisition Act, 1894 (in short Act of 1894) before the Respondent No.4 [District Land Acquisition Officer, Koderma].

5.

Being aggrieved by that that, the petitioners preferred representations along with tabular chart dated 23.09.2024 for payment of interest under Section 28 of the Act, 1894 @15% per annum. The said representation(s) has not been disposed of till date.

6.

This Court without entering into the merit of the case, directs Respondent No.4 [the Land Acquisition Officer, Koderma] to dispose of the pending representation(s) preferred by the petitioners within 12 weeks from the date of receipt/ production of a copy of this order.

7.

Writ Petition stands disposed of. Pending I.A., if any, also stands disposed of.

Let a copy of this order be communicated to the Respondent No.4 [the Land Acquisition Officer, Koderma] for its compliance at once.