1 28 D.B. CIVIL SPECIAL APPEAL NO.444/2007 (Riico, Bhilwara Vs. State of Raj.) Date:- 11.05.2007 HON'BLE MR. RAJESH BALIA,J. HON'BLE MR. BHANWAROO KHAN,J. Mr. Vinit Kumar Mathur, for the appellant. Heard learned counsel for the appellant. The appeal relates to dismissal of the writ petition filed by the appellant challenging the amount of award of interest on the compensation payable to the respondents as a result of acquisition of the land. The undisputed facts are that after the award was passed in pursuance of the acquisition proceedings in question dated 04.04.1998, the possession of the land was also taken from the occupants on 9.1.1999. It is also not in dispute that though the RIICO has taken the cheque for acquisition of land on the compensation of award, the said amount was not paid to the claimants nor the cheque was encashed and deposited in FDR of the claimants in relation to the interest. It is in the aforesaid circumstances, the claim of the claimants to interest came to be entertained for the period from the date possession of the land was taken from them, upto the date and amount of compensation was 2 actually paid to them was accepted by the Land Acquisition Officer vide his order dated 2.12.04 which was in accordance with the provisions of Land Acquisition Act. The said order was challenged by way of writ petition and which has been dismissed by learned Single Judge vide judgment under appeal. Apparently, when the land of the erstwhile holders of the land, which was acquired for the purpose of the appellant and had duly vested on making of award and taking possession of the land in question on 09.01.1999, the claimants were entitled to interest on delayed payment of compensation from the date of taking possession of their land and to the date of actual payment. For awarding the interest, the claimants, who had not received any compensation earlier nor the actual amount was deposited in the Court to be disbursed to the claimants, the right of the claimants to interest cannot be denied. Accordingly the appeal fails and is hereby dismissed. (BHANWAROO KHAN),J. (RAJESH BALIA),J. arti