IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1147 of 2010 Date of decision: 30.7.2010 Raghbir Singh and another …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Randhir Singh Shehrawat, Advocate for the petitioners Ms.Palika Monga, DAG Haryana Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer that for the delayed payment, respondents be directed to pay interest @ 15% per annum to the petitioners. As per facts on record, the petitioners’ land measuring 16 kanal 16 marla, situated in village Dabra district Hisar was acquired and the award was passed by the Collector on 8.9.2008. However, the compensation was not released in favour of the petitioners. Amount of compensation was ultimately paid to the petitioners on 22.5.2009. Possession of land of the petitioners was taken by the authorities on 6.11.2009. In response to notice issued, reply has been filed wherein an attempt has been made to rebut the prayer made by the petitioners on the ground that between the period from the date of passing of the award till 5.10.2009, stay order granted by this Court was in operation, the authorities Civil Writ Petition No.1147 of 2010 were not in a position to get possession of the land and on account of that, the petitioners are not entitled to get interest for the delayed payment. Be that as it may, it is an admitted fact that the petitioners were not party in any of the writ petitions bearing Nos.7158 of 2008 and 3937 of 2008, in which status quo regarding possession was ordered by this Court. Those writ petitions were filed by the gram Panchayat and some other interested right holders. As per provisions of section 31 of the Act, on making award, it is incumbent duty of the Collector to offer compensation amount to the person interested. Above said provision reads thus:- “31. Payment of compensation or deposit of same in Court: - (1) On making an award under Section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the court to which a reference under Section 18 would be submitted: 2 Civil Writ Petition No.1147 of 2010 Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under Section 18: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. (3) Notwithstanding anything in this section, the Collector may, with the sanction of appropriate Government instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interest of the parties concerned. (4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof.” 3 Civil Writ Petition No.1147 of 2010 A reading of the provision, reproduced above, makes it clear that the payment of compensation to the land owners, after passing of award is immediate. However the same can be delayed under the facts and circumstances given in sub-section 2 of Section 31 of the Act. We feel that the reasons given by the State do not fall under any of the parameters mentioned in the above said provision. It was duty of the Collector to offer the amount of compensation to the petitioners immediately after passing of the award or to deposit the same as is envisaged under the provisions of section 31 of the Act, which was not done. In view of above, we allow this writ petition and direct the respondents to pay interest on the amount of compensation @ 9% per annum (simple) for the period from 8.9.2008 till 22.5.2009. Amount be calculated and paid to the petitioners within three weeks from the date of receipt of a copy of this order. (Jasbir Singh) Judge 30.07.2010 (Augustine George Masih) gk Judge 4