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2023 Supreme(All) 1579
IN THE HIGH COURT OF ALLAHABAD
MANOJ KUMAR GUPTA, ACJ., DONADI RAMESH, JJ.
Balwan Singh and Another - Petitioners
Versus
National Highway Authority of India and Another - Respondents
Writ - C Nos. 11417, 18478, 18521 of 2023
Decided On : 16-12-2023
For the Petitioner: Harsh Vardhan Gupta, Sanjay Kumar Mishra.
For the Respondent: Pranjal Mehrotra, A.S.G.I., C.S.C., Rajesh Tripathi.
The more beneficial provision of Section 80 of the Act, 2013 relating to interest would apply to acquisitions made under the NH Act, and the court directed the respondents to pay the calculated interest to the petitioners.
Headnote:
Interest - Applicability of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to Acquisitions made under the National Highways Act, 1956 - Section 80
Fact of the Case:
The case involved the applicability of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquisitions made under the National Highways Act, 1956. The petitioners claimed interest for delayed payment of compensation amount under Section 80 of the Act, 2013, but it was not granted by the Competent Authority.
Finding of the Court:
The court found that the provision relating to interest in Section 80 of the Act, 2013, being a more beneficial provision, would apply to acquisitions made under the NH Act. The court directed the respondents to calculate the interest as per the provisions of Section 80 of the Act 2013 and pay the same to the petitioners within four weeks from the date of the communication of the instant order.
Issues: The main issue was the applicability of Section 80 of the Act, 2013 to acquisitions made under the NH Act, and the entitlement of the petitioners to interest for delayed payment of compensation amount.
Ratio Decidendi: The court held that the provision relating to interest in Section 80 of the Act, 2013, being a more beneficial provision, would apply to acquisitions made under the NH Act. This also flowed from the mandate of sub-section (3) of Section 105, which stipulates that the only exception or modification permissible would be such as would not reduce the compensation or dilute the provisions of the Act, 2013.
Final Decision: All the petitions succeeded, and the respondents were directed to calculate the interest as per the provisions of Section 80 of the Act 2013 and pay the same to the petitioners within four weeks from the date of the communication of the instant order.
JUDGMENT :
Manoj Kumar Gupta, A.C.J.
1. The main issue for consideration in these writ petitions is whether Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’) relating to payment of interest on delayed payment of compensation amount would apply to the acquisitions made under the provisions of the National Highways Act, 1956 (for short ‘NH Act’) as amended by the National Highways Laws (Amendment) Act, 1997.
2. Before we advert to the above issue, we may note in brief the facts of each individual case:-
| Writ-C No.11417 of 2023 | ||
| 1. | Date of notification under Section 3-A | 18.06.2012 |
| (In Gazette) |
| |
| (In Newspaper) | 18.07.2012 | |
| 2. | Date of notification under Section 3-D | 17.06.2013 |
| (In Gazette) |
| |
| (In Newspaper) | 20.08.2013 | |
| 3. | Date of award | 22.09.2020 |
| 4(a) | Rs.59,20,163/- deposited as compensation in the account of the petitioner no.1. | 03.03.2022 |
| (b) | Rs.63,47,648/- deposited as compensation in the account of petitioner no.2. | 03.03.2022 |
|
| Note:- The compensation amount deposited in the account of the petitioners included interest upto 22.09.2020 i.e. upto the date of award – petitioners claimed interest for eighteen months from the date of award dated 22.09.2022 till date of actual payment i.e. 03.03.2022 at the rate of 12% per annum (Rs.10,79,100), but which was not granted. |
|
| Writ-C No.18478 of 2023 | ||
| 1. | Date of notification under Section 3-A | 21.06.2019 |
| (In Gazette) |
| |
| (In Newspaper) | 03.07.2019 | |
| 2. | Date of notification under Section 3-D | 18.09.2019 |
| (In Gazette) |
| |
| (In Newspaper) | 28.09.2019 | |
| 3. | Date of award | 07.12.2019 |
|
| Project Director, NHAI addressed a communication to Competent Authority mentioning that financial approval has been granted to the compensation amount as per award, except in case of the petitioners, where the award was to be challenged before the Arbitrator | 28.02.2020 |
|
| Award challenged before the Arbitrator under Section 3-G (5) |
|
|
| Arbitrator rejected the challenge | 03.01.2021 |
|
| In Writ-C No.22284 of 2021 filed by the petitioners, direction was issued to the respondents to transfer compensation amount in the account of the petitioners within one month provided the requisite formalities are completed by the petitioners – the petitioners claim to have completed all the formalities. | 01.11.2021 |
|
| Contempt Application (Civil) No.1966 of 2021 filed by the petitioners was disposed of by granting one more opportunity to the opposite parties to comply with the order of the Writ Court. | 05.04.2022 |
|
| The Competent Authority refused to pay compensation on the ground that objection under Section 34 was pending before the court. | 01.06.2022 |
|
| In Contempt Application (Civil) No.4125 of 2022 filed by the petitioner, notice was issued to the opposite parties. | 03.12.2022 |
|
| Competent Authority addressed a communication to NHAI that payment was made to the petitioners by RTGS on 30.01.2023, but the amount has not been received from NHAI. | 02.02.2023 |
|
| The petitioners filed application for payment of interest from the date of award i.e. 7.12.2019 upto the date of actual payment, but which request has not been accepted. | 18.03.2023 |
| Writ-C No.18521 of 2023 | ||
| 1. | Date of notification under Section 3-A | 21.06.2019 |
| (In Gazette) |
| |
| (In Newspaper) | 03.07.2019 | |
| 2. | Date of notification under Section 3-D | 18.09.2019 |
| (In Gazette) |
| |
| (In Newspaper) | 28.09.2019 | |
| 3. | Date of award | 07.12.2019 |
|
| Date of possession under Section 3-E |
|
|
| Project Director, NHAI addressed a communication to Competent Authority mentioning that approval h | |
