JAIPAL SINGH Vs. LAND ACQUISITION COLLECTOR (DISTRICT NORTHWEST)
LAWS(DLH)-2018-4-443
HIGH COURT OF DELHI
Decided on April 16,2018

JAIPAL SINGH Appellant
VERSUS
Land Acquisition Collector (District Northwest) Respondents

JUDGEMENT

G. S. Sistani, J. - (1.)By the present petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus directing the respondent/LAC to pay interest on delayed payment for the period 23.05.2014 (wrongly typed as 23.04.2014 in the prayer clause) to 31.12.2014 on the interest amount payable to the petitioner i.e. Rs.40,26,441/- in terms of the judgment dated 24.04.2014 passed in Writ Petition (Civil) No.71/2014, titled as "Jaipal Vs Govt. of NCT of Delhi & Anr."
(2.)The necessary facts to be noticed for the disposal of this Writ Petition are that in December 2013, the petitioner herein filed a writ petition pertaining to his agricultural land measuring 41 bighas and 12 biswas situated in the revenue estate of Village Kirari Suleman Nagar, Patti Nithari, Delhi which was acquired vide Award No.25/2005-06/DC/NW dated 06.02006. The petitioner filed a number of writ petitions before this Court seeking interest under Section 34 of the Land Acquisition Act, 1894. In Writ Petition (Civil) No.71/2014, while allowing the writ petition the respondents were directed to pay interest w.e.f. 31.10.2006 to 03.06.2011 in terms of Section 34 of the Land Acquisition Act, 1894 within a period of four weeks from the date of the order. The respondents did not comply with the order of this Court despite the petitioner having visited the office of the respondents and despite a legal notice having been issued on 13.10.2014. The respondents neither paid the interest nor bothered to reply to the legal notice leaving the present petitioner to approach this Court once again by filing Contempt Petition (Civil) No.889/2014. This contempt petition was dismissed as not pressed on 15.12014 when the following order was passed:
"The learned counsel for the respondent is present and has stated that as sufficient budget was not available with the respondent, therefore, the interest component could not be paid in terms of order dated 24.04.2014. It has been further stated that the order of the Court will be complied with and the interest shall be paid within a period of two months from today".

(3.)On 31.12.2014 the petitioner was paid interest of Rs.36,23,797/- after deduction of 10% tax as per the judgment dated 24.04.2014. The complaint of the petitioner is that the petitioner was to be paid interest within four weeks of 24.04.2014 but interest was paid only on 31.12.2014.


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