High Court
Case Details
WP(C) 3506/2011 BEFORE HON’BLE MR JUSTICE B.K. SHARMA
Legal Reasoning
Heard Mr. P.J. Saikia, learned counsel for the petitioner as well as Mr. N. Upadhya, learned State counsel. By means of this writ petition, the petitioner has prayed for a directio n to the respondents to pay an amount of Rs. 1,38,900/- being the interest on de layed payment of acquisition compensation. According to the petitioner, the peri od of delay is from 22.01.2002 to 09.01.2004. The petitioner’s land was acquired way back in 1986 and possession was taken over by the Govt. of Assam in the For est Department. The compensation amounting to Rs. 56,442/- was determined and th e petitioner had received the same which according to him, was in protest. Claiming enhancement of compensation, the petitioner filed an applicatio n for reference and the learned District Judge, Morigaon awarded the compensatio n in reference Cae No. 3/99. By the said award, compensation was enhanced with a direction to pay the same within one year and upon failure to carry interest @ 15% P.A. on the unpaid amount. As per the direction of the said award, the Collector paid the balance a mount of Rs. 3,06,399.00 to the petitioner on 09.01.2004. It is on that count, t he petitioner has filed the instant writ petition claiming interest for the afor esaid period. This writ petition was filed in 2011 (27.06.2011), i.e. after expiry of more than seven years from the stipulated date, i.e. 09.01.2004. There is also n o explanation to the delay in filing the writ petition. Be that as it may, in th e counter affidavit filed by the respondents, it has been stated as follows: (cid:28)7. That as regards the statements made in paragraph-6 of the writ petition the deponent begs to state that the Deputy Commissioner (in short DC), Morigaon subm itted the revised land value of the land acquired measuring 9 bighas 6 lechas fo r extension of Hornbill park for an amount of Rs. 3,06,399.19 only as per order dated 22.01.2001 passed in Misc. (Ref) Case No. 3/99 by the learned District & S essions Judge, Morigaon communicated vide his letter No. MRO.5/86/247 dated 09.0 9.2002. The Principal Chief Conservator of Forest (PCCF in short) Assam submitte d the proposal for an amount of Rs. 3,06,399/- to the Govt. for according sancti on for making payment to the petitioner vide No. FG 13/Hornbill park/97, dated 1 8.02.2003 Govt. accorded sanction in favour of D.C. Morigaon for R.s 3,06,399/- for making payment of the petitioner being the cost of land acquisition with int erest vide No. FRS 7/2003/28 dated 21.07.2003. The PCCF Assam sent the Bank Draf t for Rs. 3,06,399/- to the D.C. Morigaon for payment to the petitioner vide let ter No. FG.13/Hornbill Park/97 dated 25.09.2003. Finally the petitioner received the said amount from the D.C. Morigaon on 09.01.2004.
Decision
8. That as regards the statement made in paragraph-7 of the writ petition the de ponent begs to state that as per order dated 22.01.2011 passed in Misc. (Ref) Ca se No. 3/99 by the Ld. District Judge, Morigaon wherein it was stated the amount of compensation should be paid within a period of one year from the date of jud gment dated 22.01.2001. But the payment was made to the petitioner by the Deputy Commissioner, Morigaon on 09.01.2004 i.e. after 1 year 11 months 7 days. The ac quisition land value was estimated at Rs. 84,345/- by the D.C. Morigaon as per l earned District Judge order dated 22.01.2001. The compensation amount of Rs. 3,0 6,399/- (Rs. 84,345 + 2,22,054) was paid to the petitioner including principal a mount Rs. 84,345/- and interest for an amount of Rs. 2,22,054/- for 14 years 4 m onths from 20.09.86 to 21.01.2001 as per the calculation submitted by the D.C. M origaon vide letter No. MRQ.5/86/312 dated 15.06.2007. That as regards the statements made in paragraph 8 of the writ petition 9. the deponent begs to state that the Revenue Deptt. approved the interest amounti ng to Rs. 90,326/- vide No. RLA. 110/2004/33, dated 21.02.2009 on the basis of r eports submitted by the D.C. Morigaon vide No. MRO. 5/86/338 dated 12.07.07. Acc ordingly, the PCCF Assam, has submitted the proposal for an amount of Rs. 90,326 /- to the Govt. for according sanction vide letter NO. F.G. 13/Hornbil Park/97 d ated 07.03.09> late on the PCCF Assam has submitted the proposal for Rs. 1,38,90 0/- (Rs. 90,260 + 48,640 being @ 9% interest on 90,260/- for the period from 09. 01.2004 to 09.01.2010) to the Govt. for according sanction vide letters No. FG.1 3/Hornbil park/97 dated 19.07.2010 and 22.07.2010 as per telegram dated 07.04.20 10 received from the DC, Morigoan. The Govt. has requested to submit the proposa l in the next financial year 2011-2012 as the financial year 2010-2011 was over vide Govt. letter NO. FRE. 38/2010/53, dated 01.04.2011. The PCCF Assam has subm itted the proposal for Rs. 1,38,900/- (Rs. 90,260 + 48,640) being @ 9% interest on Rs. 90,260/- for the period from 09.01.2010 to the Govt. for according sancti on vide letters No. FG/Hornbill park/97 dated 25.04.2011 during the financial ye ar 2011-2012. Subsequently the govt. has requested the PCCF to furnish the avail ability of budget provision vide Govt. letter No. FRE.38/2010/56 dated 24.05.201 1 and necessary report was submitted to the Govt. by the PCCF Assam vide No. FFG .13/Hornbill Park/97 dated 02.08.2011. 10. That as regards the statements made in paragraphs-9 and 10 of the writ petit ion the deponent begs to state that the petitioners claim for interest for delay ed payment is not justified as the interest of 15% should have been calculated o n the principal amount Rs. 84,345/- instead of the interest amount plus the capi tal amount i.e. 3,06,399/- which have already been paid to the petitioner on 09. 01.2004. The petitioner’s claimed amount of Rs. 90,260/- as interest @ 15% on R s. 3,06,399/- w.e.f. 22.01.2002 to 08.01.2004 i.e. 01 year 11 months 17 days and Rs. 48,640/- as interest @ on Rs. 90,260/- for the period from 09.01.2004 to 09 .01.2010. Total claim was Rs. 1,38,900/-. But for the late payment of period fro m 22.01.2002 to 08.01.2004, the interest @ 15% on principal amount of Rs. 84,345 /- comes only as Rs. 24,847.08. therefore, the petitioner’s claim of Rs. 1,38,90 0/- is not justified and he is entitled to Rs. 24,847.08 for late payment for th e period from 22.01.02 to 08.01.2004. Hence the further claim of the petitioner for interest on the interest amount is not at all tenable. (cid:29) From the above statement made in the counter affidavit, it is seen that the petitioner was paid interest from 20.09.1986 to 21.01.2001 about which menti on has been made in the writ petition. In paragraph-10 of the counter affidavit the respondents have stated as to how the claim of interest for the aforesaid p eriod claimed by the petitioner is not justified. In view of the above coupled with the delay in filing of the writ petiti on, I am not inclined to issue any direction to the respondents to pay the inter est @ 15% for the period from 22.01.2002 to 08.01.2004. Accordingly, the writ pe tition is dismissed. It will be entirely up to the respondents to deal with the matter in accordance with law.