Lalhlimpuii v. State of Mizoram

Advocate for the Petitioner : Mr. Jonathan L Sailo Advocate for the Respondent : Mr C Zoramchhana (Addl.AG/GA, Mizoram) for R1 - R4 BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

04.04.2022 Heard Mr. Jonathan L. Sailo, learned counsel appearing for the petitioners and also heard Ms. Zairemsangpuii, learned CGC appearing for the respondent Nos.1 to 5 and Ms. H.Lalmalsawmi, learned Government Advocate appearing for the respondent Nos. 6 to 9.

#2. The brief facts and circumstances leading to the filing of this writ petition Page No.# 2/5 are as follows:- Claiming that their lands have been affected by construction of Railway line between Bairabi and Sairang in Mizoram, the petitioners approached the Collector Kolasib under whose district their lands are situated, for assessment and payment of compensation for their land values. But their petition was rejected. Aggrieved, they came before this Court by filing W.P.(C) 100/2017. This Court in the order dated 1/8/2017 directed the District Collector who is respondent No. 1 therein for consideration of the application of the petitioners under section 28 A of the Land Acquisition Act, 1894 in accordance with law within a period of 3 months. Following the order, the District Collector cum Deputy Commissioner, Kolasib considered the application of the petitioners but rejected the same. Aggrieved, the petitioners once again came before this Court by filing W.P.(C) 151/2017. The writ petition was disposed off by the judgment and order dated 6/2/2018 wherein by quashing the order of the District Collector cum Deputy Commissioner, Kolasib the same District Collector cum Deputy Commissioner, was directed to consider the case of the petitioners by following the procedures laid down in section 28 A of the Land Acquisition Act,1894 as amended within 3 months from the date of submission of a certified copy of the order by the petitioners. Following the directions given in the said judgment and order the District Collector cum Deputy Commissioner re- Page No.# 3/5 considered the case of the petitioners and awarded compensation to the petitioners for their land values at the rate of Rs.25 per square feet along with 30% Solatium on the market value as per the provision of the Land Acquisition Act 1894 and interest @ 12% per annum on the market value under section 23/ (1A) of the same Act to be paid within a period of 3 months. Thereafter, the assessment was made and the amount to be paid to the petitioners as per the assessment were also made and the result of the assessment was conveyed to the Dy.C.E/Con/Bairabi at Silchar NF Railways with a copy endorsed to the petitioners. However, no positive action was taken by the respondents for making payment of the assessed amount. Therefore, the petitioners once again approached the District Collector cum the Deputy Commissioner Kolasib requesting him for payment of the assessed compensation amount along with interest as per section 34 of the Land Acquisition Act 1894. Following the submission of the application, the District Collector cum Deputy Commissioner, after hearing the parties passed the order dated 13/4/2021, wherein by taking into account the delay in payment of the awarded amount, directed the respondents to pay the interest under section 34 of the Land Acquisition Act 1894; 9% per annum from the date possession of the lands of the petitioners were taken i.e. from 4/3/2013 to 3/3/2014 and at the rate of 15% per annum from 4/3/2014 till the date of payment of land value compensation Page No.# 4/5 i.e.13/4/2021. Even after passing of the said order, the respondents failed to pay both the awarded compensation amount and the interest. However, on 29/12/2021 the compensation amount was paid to the petitioners but without interest as directed under section 34 of the Land Acquisition Act, 1894. Aggrieved by non payment of interest, as per the provision of section 34 of the Land Acquisition Act, and as directed by the District Collector cum Deputy Commissioner, the petitioners are here once again before this Court praying for issuance of appropriate direction directing the respondents to pay the interest as directed by the District Collector cum Deputy Commissioner in the order mentioned above and the interest from 14/4/2021 till 29/12/2021 as per the provision of section 34 of the Act.

#3. It appears from the facts and circumstances mentioned above that interest have not been paid to the petitioners from the date their lands were taken possession and till the date the compensation was paid. Section 34 of the Land Acquisition Act 1894 provides that interest should be paid from the date possession is taken till the date of payment of the compensation. Hon’ble Supreme Court in catena of cases had held that when an Act prescribes payment of interest at a particular rate it needs to be awarded at the rate prescribed and in no other way. The cases in reference on the point are:- Page No.# 5/5 1) Priya Vart and Another reported in (1995) 5 SCC 437 and 2) State of H.P and Others vs Dharam Das reported in (1995) 5 SCC 683. Section 34 of the Land Acquisition Act 1894 provides as already stated above therefore, neither this Court nor any other authority has the power to change the same. Accordingly, the respondent Nos. 5 to 9 are hereby directed to pay the interest amount as per the direction of the District Collector cum Deputy Commissioner, Kolasib given in the order dated 13/4/2021 amounting to 2,50,64,294/- within a period of 2 months from the date of receipt of a copy of this order. In the meanwhile, the District Collector cum Deputy Commissioner, Kolasib directed to make assessment of the interest for the period 14/4/2021 to 29/12/2021 which was not included in his order and forward the same to respondent Nos. 5 to 9 for payment of the same within a specified time.

#4. With this, the writ petition stands disposed off. Comparing Assistant JUDGE