Excelsior Correspondent
SRINAGAR, Apr 5: The High Court has imposed heavy penalty on police for not paying compensation as awarded to the owner for acquiring his land with the directions to the Revenue Department for payment in case the indenting department fails to pay.
The Division Bench of Chief Justice Pankaj Mithal and Justice Moksha Kazmi said the police has failed in providing the necessary fund for the payment of compensation to the petitioner in lieu of taking his land for the last 14 years and imposed damages of Rs 14 lakhs upon it which the court directed to be paid in addition to the compensation and interest for the loss caused due to delay.
The petitioner-Devindra Nath Giri through a writ petition was claiming payment of compensation as per the award passed by the authority concerned in the year 2008 in respect of the land that was acquired. According to the award, the petitioner-Giri was entitled to compensation of Rs 84, 18,000 for the acquired land out of which a certain amount was paid and the balance of Rs 75,47,680 remained to be paid.
The stand of the Revenue Department before the court was that the balance compensation could not be paid to the petitioner as the indenting department has not made available the necessary fund.
The Senior Superintendent of Police, Rajouri, in his affidavit, has stated that the Police Department had acquired 18 kanals and 6 marlas of land situated at village Rampur, Tehsil and District Rajouri for the purpose of raising of permanent structures including residential quarters.
The acquisition proceedings were initiated in the year 1988 as per the final award. The Police Department has taken up the matter with the Deputy Commissioner, Rajouri and it has been stated that excessive compensation has been awarded and that the Police Department was unnecessarily penalized.
Court said the issue as to who is liable to pay the compensation is more or less settled. The compensation has to be provided by the indenting department (Police) and it has to be paid through the acquiring department, i.e., the Revenue. The Revenue Department cannot make the payment until and unless the necessary amount is made available by the indenting department.
Court also recorded that the award was in the shape of an offer on behalf of the acquiring body and the beneficiary and that the offer made on their behalf is not liable to be questioned by them. It is only the person interested in the compensation, if aggrieved, that he may prefer a reference for the enhancement.
The Police Department, court added, for whom the land has been acquired has no right under law to dispute the compensation offered or the correctness of the award. The award is final and conclusive insofar as the respondents are concerned.
The Court directed all the concerned authorities to make payment of the entire balance amount of compensation with statutory interest in accordance with the award dated 29.10.2008, within a period of six weeks from today.
The Court has made it clear that the Police Department shall make available the necessary funds for the payment purpose within a period of one month and if the Police Department fails to provide the funds, the Revenue Department has to make the payment and recover it from the Police Department with interest.
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