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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MIZORAM) AIZAWL BENCH
SONGKHUPCHUNG SERTO, J.
Laichhingi & 9 Others – Appellant
Versus
North East Frontier Railway & Others - Respondents
WP(C) 121 of 2021
Decided on : 05-04-2022
Land Acquisition Act, 1894 - Section 18, 28, 34 - Payment of interest – Compensation - Court to award interest on excess amount of compensation awarded by it over amount awarded by Collector - Collector may be directed to pay interest on excess compensation – Construction of the Railway line between Bairabi to Sairang by North East Frontier Railway, land of the petitioners under Periodic Pattas situated within Kawnpui Village Council area were affected. However, by an Award issued by the District Collector, Kolasib, they were awarded compensation only for the value of their crops - Section 28 empowers the courts, if it was enhancing the compensation awarded by the Collector, to award interest on the sum in excess of what the Collector had awarded as compensation. (Para 44)
Findings of the Court :
When Collector concerned assessed the lands of the petitioners, no value, whatsoever, was given, therefore, no compensation was awarded - It was only when the Collector reassessed the lands in pursuance to the order passed by Reference Court that the value of the lands were given @Rs. 38 per sq.ft. (Rupees Thirty Eight per Square Feet), and the petitioners were awarded compensation. Admittedly, award amount have been released to the petitioners with interest @9% for the first year, beginning from the date of possession and, thereafter, @15% per year till the date of assessment - There was no compensation awarded before this, hence, there was also no enhancement of award - Therefore, no more interest can be claimed either under section 34 or 28 of the Land Acquisition Act, 1984 - The interest has been already given at the rate prescribed by the Act so no more interest need be given - In view of the above, the claim of the petitioners that interest should be granted under section 34 of Land Acquisition Act, 1894 has no basis - However, it is admitted by the learned counsel of the respondents that the interest paid was only till the date the final assessment was made - As per the provisions of the two sections, i.e., section 28 and 34 of the Land Acquisition Act, 1894, interest has to be paid till the award amount is paid.
Result : Petition partly allowed.
JUDGMENT :
Heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the petitioner and also heard Mr. Ali Hussain, learned senior counsel assisted by Mr. Naveen Prakash, Deputy Chief Engineer, North East Frontier Railway (respondent No. 5), and Mrs. H. Lalmalsawmi, learned Government Advocate, appearing for respondent No. 6.
2. The facts leading to the filing of this Writ Petition briefly stated are as follows: For the construction of the Railway line between Bairabi to Sairang by the North East Frontier Railway, the land of the petitioners under Periodic Pattas situated within the Kawnpui Village Council area were affected. However, by an Award No. 1 of 2012 (Part-B Kawnpui) issued by the District Collector, Kolasib, they were awarded compensation only for the value of their crops. Being aggrieved by the non-payment of compensation for their lands, the petitioners submitted a Reference Application under section 18 of the Land Acquisition Act, 1894 to the District Collector, Kolasib, claiming compensation for the market value of their lands. The same was referred to the competent Civil Court, i.e., the Additional District Judge – II, Aizawl, and the case was registered as L.A. Case No. 30 of 2013. The competent Civil Court, vide its Order dated 05.12.2013, disposed the Reference Case by awarding only solatium and interest for the crops. Being aggrieved, the petitioners filed the Review Petition No. 25 of 2014 but the same was dismissed vide the Order dated 06.05.2016.
3. Thereafter, the petitioners came before this Court by filing C.R.P No. 4 of 2017. However, the same was dismissed on the ground that there is an alternative remedy by way of an appeal. Accordingly, the petitioners filed the R.F.A. No. 10 of 2017 before this Court. The same was disposed off vide Order dated 10.10.2017, wherein and whereby, the Judgment and Award dated 05.12.2013 passed by the competent Civil Court in L.A. Case No. 30 of 2013 was quashed and set aside and the case was remanded back for fresh hearing and consideration. The case was disposed off by a Judgment and Award dated 03.08.2018 wherein it was directed that compensation for their lands be awarded to the petitioners at the market value of Rs. 38 per sq.ft. (Rupees Thirty Eight Per Square Feet), along with statutory benefits. Since no assessment was made and no compensation was also awarded as per the direction of the Reference Court, the petitioners filed the Execution Case No. 4 of 2018 before the Court concerned. The Court vide Order dated 11.10.2018 issued notice to the respondents and thereafter, by two consecutive orders, i.e., Order dated 06.02.2019 and 27.03.2019, the respondents were reminded to comply with the Order passed earlier.
4. Pursuant to the orders passed by the competent Civil Court, the District Collector, Kolasib, made an assessment of compensation to be paid for the lands of the petitioners, which amounted to Rs. 11,90,43,661/- (Rupees One Crore, Nineteen Lakhs, Forty Three Thousand, Six Hundred and Sixty One), which is inclusive of interest @9% from the date of possession for a period of one year and, thereafter @15% per year till the date the assessment of the compensation along with the interest was made by the Collector i.e., on 23.04.2019. And the same was conveyed by the District Collector, Kolasib to the Deputy Chief Engineer/CON/Bairabi, Silchar, North East Frontier Railway vide letter Execution Case No. 4/2018 (L.A. Case 30/ 2013)-DC(K)/51 dated 23.04.2019, requesting him, at the same time, to deposit the amount in the Execution Court. Since the amount was not deposited inspite of the Order, the Executing Court vide, Order dated 17.09.2020, passed in CMA No. 2/2020 (arising out of Execution Case No. 4 of 2018), directed the North East Frontier Railway to refrain from doing any construction work of railway line in between tunnel Nos. 6 & 8 until further order.
5. Following the direction given in the Order mentioned above, the North East Frontier Railway filed
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