IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14424 of 2011 Date of decision: 29.08.2011 Rameshwar Dass and others …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Anil Kshetarpal, Advocate for the petitioners Mr.S.S.Patter, Sr.DAG Haryana Mr.Gitish Bhardwaj, Advocate for HUDA Jasbir Singh, J. (Oral) Petitioners are the poor farmers, whose land was acquired by issuing notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act) on 30.5.2005 and 22.5.2006 respectively. An award was passed on 16.7.2007. The State of Haryana issued a policy dated 7.12.2007, which provides for rehabilitation of the oustees whose land was acquired and also payment of annuity @ Rs.15,000/- per acre per annum for a period of 33 years, over and above the usual land compensation. It was further provided that there will be an increase of Rs.500 per year in the amount mentioned above. Regarding land acquired for special economic zone/ technology cites, technology parks etc. a separate amount of annuity was fixed. The Policy was made applicable w.e.f. 5.3.2005. In that regard it was observed as under in the Policy mentioned above:- CWP No.14424 of 2011 “5. This policy will be applicable with effect from 5th March, 2005 and cover all those cases of acquisition in which awards of compensation were announced on or after 5th March, 2005.” There is no dispute that the petitioners are entitled to get an amount of Rs.15,000/- per acre, per year with an increase, as mentioned in the Policy dated 7.12.2007. When nothing was paid to them, they came to this Court by filing CWP NO.14424 of 2011 and on 9.8.2011, following order was passed by this Court:- “It is stated by counsel for the petitioners that amount of annuity, as is due to the petitioners in terms of policy dated 7.12.2007 and 9.11.2010, has not been paid to them for the last three years. Notice of motion. Ms.Palika Monga, DAG Haryana accepts notice on behalf of respondents No.1 and 2. Sh.Arun Walia, Advocate accepts notice on behalf of respondent No.3. Adjourned to 25.8.2011. It is made clear that if amount is due to the petitioners in terms of Policy mentioned above and there is no legal hitch in making the payment, the amount shall be released to the petitioners before the next date of hearing, failing which, Secretary, Department of Urban Estates, Civil Secretariat, Haryana, Chandigarh and Chief Administrator, HUDA, Sector-6, Panchkula shall come present in Court on the next date of hearing. Copy of the order be given to the State counsel under signatures of the Court Secretary of this Court.” In response thereto, amount of annuity was paid to some of the petitioners and on taking note of the same on 25.8.2011, following order was passed by this Court:- “In response to our order dated 9.10.2011, a copy of the letter received by the office of the Advocate General, Haryana, from the Land Acquisition Officer, Urban Estate, Panchkula 2 CWP No.14424 of 2011 has been placed on record in which it is stated that amount of annuity has been paid whereas to the contrary, counsel for the petitioners states that qua petitioner Nos.30, 33, 40, 75, 76, 77, 78, 83, 86, 99 and 101, amount remains to be paid. State counsel is directed to get instructions. Adjourned to 29.8.2011. Land Acquisition Officer, Urban Estate, Panchkula is directed to come present in Court on the next date of hearing.” Today Mr.Kshetarpal states that as per Policy dated 7.12.2007, amount stood paid to all the petitioners. It is further stated by him that amount due w.e.f. 1.1.2009 is not paid for a period of three years without any justification, as such, the petitioners are entitled to get interest on that amount. We are convinced with the prayer made. Mr.Patter, on getting information from Mr.G.S.Virk, Land Acquisition Officer, Urban Estates, Panchkula has failed to state any reason for delayed payment of the amount. The farmers, whose land was acquired in the year 2007, are not the beggars, they are entitled to get their due, which was declined to them without any justification. When their efforts failed to get that amount, they came to this Court by filing this writ petition and may have incurred huge expenses. The authorities are to look after the welfare of the common man which in the present case, they have miserably failed to do so. Under the circumstances, prayer of Mr.Kshetarpal that the petitioners are entitled to interest on the delayed payment is perfectly justified. Accordingly, we award interest @ 9% (simple) from the date when the amount was due i.e. 1.1.2009 till its payment. The amount of interest shall be paid within 15 days from today. It is further directed that all the petitioners shall intimate their ‘Bank Account numbers’ to respondent No.2, who shall deposit the amount of interest in their accounts, 3 CWP No.14424 of 2011 as referred to above and henceforth amount of annuity be deposited in the accounts of the petitioners between 1st January and 15th January every year, failing which, strict action will be taken against the officer concerned. The State through Mr.Patter is directed to convey to all the Land Acquisition Officers/ Collectors and if within their jurisdiction, amount of annuity remains to be paid, the same shall be paid forthwith within one month from the date of receipt of a communication in that regard, failing which, costs will be imposed on the officer concerned. It is further directed that the Land Acquisition Officers/ Collectors shall get Bank Account numbers of all the oustees/ land owners whose land was acquired and who are covered by the Policy dated 7.12.2007 and subsequent Policy dated 9.11.2010 and henceforth, amount of annuity be deposited in their accounts between 1st January and 15th January every year, failing which, the officer concerned will be burdened with costs. Disposed of. Registry is directed to send a copy of this order to Mr.T.C.Gupta, Director General-cum-Special Secretary, Urban Estates, Haryana, for necessary compliance. A copy of the order be given to the State counsel under signatures of Court Secretary. (Jasbir Singh) Judge 29.08.2011 (Augustine George Masih) gk Judge 4