CWP No. 15790 of 2011 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 15790 of 2011 (O&M) Date of Decision: September 26, 2011 Ramesh Kumar and others …Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Anil Kshetrapal, Advocate for the petitioners. Mr. S.S. Pattar, Sr. DAG, Haryana 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The petitioners have approached this Court for issuance of direction to the respondents to release annuity for compulsory acquisition of the land as per State policy dated 07.12.2007 (P-2) as further revised on 09.11.2010 (Annexure P-4). 2. When the matter came up for consideration on 14.09.2011, learned State counsel after obtaining instructions from Mr. Harmail Singh, Engineer-in-Chief had stated that some of the details were to be obtained from the petitioners and after furnishing of details, the amount was to be released within a week. The aforesaid details were to be furnished in the office of Engineer-in- CWP No. 15790 of 2011 (O&M) -2- Chief, Sinchai Bhawan, Panchkula, at the earliest possible. 3. In pursuance of the aforesaid order, the details have been furnished and the principal amount has been paid. An affidavit to that effect has been filed on 22.09.2011 by Mr. Harmail Singh, Engineer-in-Chief stating the amount of principal sum stands paid to to the petitioner. 4. However, Mr. Anil Ksheterpal, learned counsel for the petitioner has submitted that the amount was payable almost 5 years ago and it must bear the interest. Learned counsel has made a reference to Award No. 23 dated 02.12.2005 and has submitted that the amount of annuity has been delayed. A reference has also been invited to the earlier order passed by a Division Bench of this Court rendered in the case of Rameshwar Dass and others v. State of Haryana and others (CWP No. 14424 of 2011 decided on 29.08.2011), a copy of the order is taken on record as Mark 'A', wherein for the delayed payment, interest @ 9% (simple) was awarded. Mr. Pattar, learned State counsel has, however, submitted that the delay has been caused on account of certain details which were to be taken from the petitioner. 5. Keeping in view the aforesaid facts and circumstances and the order of Division Bench in Rameshwar Dass's case (supra), we are of the opinion that there is no justifiable reason to delay the payment for such a long period. Accordingly, we award simple interest @ 9% from the date when the amount became due i.e. 01.01.2006 till its payment. The amount of interest shall be paid CWP No. 15790 of 2011 (O&M) -3- within 30 days from today. The bank account numbers of the petitioners have already been submitted to the respondents and the interest be credited in the aforesaid account. 6. Accordingly, the writ petition is disposed of in the above terms. (M.M. KUMAR) ACTING CHIEF JUSTICE (GURDEV SINGH) JUDGE September 26, 2011 Atul `