Sri Anadi Nath Roy vs The State of Jharkhand and Others

D.N. Patel, J.—Present petition has been preferred mainly for getting compensation with interest which the Respondents have not paid for acquisition of land belonging to the Petitioner. Previously also, a direction was given by this Court vide order dated 22nd July, 1991 in a writ petition bearing C.W.J.C. No. 2435 of 1990 (R).

Thus(sic)looking to the counter affidavit as submitted by the counsel for the Respondents, it appears that assessment of the compensation has already been made by the Respondents, as stated in paragraph 6 of the counter affidavit, but the principal amount of compensation at Rs. 72, 956.72 paise and out of the interest amount (for the period from 17.10.1964 to 31.3.1973) of Rs. 3742.72 paise remains to be paid to the Petitioner.

Moreover, these amounts appears to be legally payable, atleast after the earlier order passed by this Court in the year 1991 and therefore, the legally payable amount, as stated herein above, is Rs. 72, 956/- + Rs. 3,742/- is payable to the Petitioner with interest at the rate of 8% atleast from Ist January, 1992 because counsel for the Respondent is unable to point out anything as to from which date this amount became legally payable to the Petitioner.

Prima-facie, it appears that earlier order passed by this Court was on 22nd July, 1991 and the direction was given to the Respondents to take a decision within three months thereafter and therefore, at least from 1st January, 1992, the interest on the aforesaid two principal amounts, at the rate of 8% simple interest, will be calculated. This calculation will be made by the Respondent within a period of one week from the date of receipt of a copy of this order and the amount will be paid to the Petitioner within a further period of one week thereafter.

This matter is adjourned to be listed on 4th August, 2011, under the heading ''For final disposal''