IMPORTANT POINT
The court established that under the 2013 Act, the Collector must deposit compensation with the appropriate authority in case of disputes regarding entitlement, and failure to do so results in the obligation to pay interest on the compensation amount.

JUDGMENT/ORDER

M.M.SATHAYE,J. - Rule. The learned AGP waives service for Respondent No.1 and learned counsel for Respondent No.2 also waives service. Rule made returnable forthwith. Taken up for final disposal by consent of the parties.

2. These two Petitions arise out of land acquisition under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (for short "the 2013 Act"), between the same parties but in respect of two different properties. The contentions in both the Petitions are the same and therefore, they are being conveniently disposed of by a common Judgment.

3. The subject matter property in Writ Petition No. 2965 of 2021 is Rajkotwala Building, standing on land bearing City Survey No. 4337 of Bhuleshwar Division, at 16, Ibrahim Rehmatullah Road, J.J. Hospital, Mumbai-40003 and the subject matter property in Writ Petition No. 2966 of 2021 is Rukaiya Mansion, standing on land bearing City Survey No. 4338 of Bhuleshwar Division at 14, Ibrahim Rehmatullah Road, Bhendi Bazar, Mumbai-400003. The Petitioners are owners of 25% undivided share in the property which is the subject matter of Writ Petition No. 2965 of 2021 (Rajkotwala Building) and full owners of the subject matter property of Writ Petition No. 2966 of 2021 (Rukaiya Mansion.

4. By these Petitions, filed under Article 226 of the Constitution of India, the Petitioners are seeking a direction to Respondent No. 1 (Land Acquisition Officer) to release the amount of compensation awarded in respect of the subject matter properties and also seeking a direction to pay interest on the awarded amount as provided under the 2013 Act. The matters are arising out of LAQ Nos. 18/2019 and 19/2019, both dtd. 30/12/2019.

5. At the outset, the learned Counsel for the Petitioners in both the matters, has fairly submitted that so far as prayer clause (I) is concerned in both matters [which seeks a direction to release the amount of compensation under the Award], the same does not survive because the amount of compensation under the Award is already received by the Petitioners during pendency of these Petitions. He however submitted that the second prayer regarding payment of interest on the awarded amount, is being seriously pressed.

6. Shorn of unnecessary details, following are the facts and circumstances, from which both the Petitions arise. By the aforesaid two land acquisition Awards dtd. 30/12/2019, the said subject matter properties were acquired and the compensation amount was determined. It is common ground before us that panchnamas and possession receipts are drawn on 3/2/2020 in respect of both subject matter properties. Even before the possession receipts were executed, Respondent No. 2 (The Acquiring body) has deposited the amount of the Awards with Respondent No. 1, on 6/1/2020. On the same date, when the amount was deposited by Respondent No. 2, letters were issued to the original owners / Awardees, calling upon them to submit their identity documents and bank details for payment of compensation. It appears, and is not disputed, that these letters dtd. 6/1/2020 were issued by Respondent No. 1 in the name of the original owners/ Awardees who were no more at the relevant time. It appears from the record that the present Petitioners, claiming to be legal heirs of the original owners, contacted Respondent No. 1 and by a common letter dtd. 27/1/2020, issued through their lawyer, informed Respondent No. 1 that the copies of the Awards have not been received by them and further made it amply clear that they intend to challenge the said Awards. The record further shows that thereafter, till 19/11/2020, no communication took place from Respondent No. 1. On 19/11/2020, Respondent No. 1 issued letters, again in the name of original owners/ Awardees calling upon them to submit documents, including copies of bank pass-book, canceled cheque, Pan Card, Aadhar Card, documents of witnesses, Indemnity Bond and 'documents of heir-ship'