Excelsior Correspondent
Srinagar, Apr 20: Observing that there is no injustice in non-payment of interest, High Court has rejected the plea seeking directions to the authorities for payment of interest amount in favour of the land owner on acquisition of land.
The petitioner-Babu Ram and another person have approached the Court seeking direction upon the authorities to pay interest at the rate of 10% per annum on the amount of compensation from the date it was payable to the petitioners till its payment.
The land of the petitioners measuring 13 kanal and 13 marlas of Khasra No. 1328 situated at village, Chowki Handan, District Rajouri was requisitioned under the provision of the Jammu and Kashmir Requisitioning and Acquisition of Immovable Property Rules, 1969. The compensation of the land was assessed on 26.04.1991 and was made available to the authorities on 24.05.1991 and the same was paid to the petitioners on 18.01.1999.
The Division Bench of Chief Justice Pankaj Mithal and Justice Rajnesh Oswal rejected the plea of petitioner-Ram and said that they have received the compensation on 18.01.1999 and at that time they have not made any protest that they are entitled to interest as the amount was not deposited in court and invested in the Government security.
“We do not find that non-payment of interest in either way results in an injustice to the petitioners which may compel us to exercise our discretionary jurisdiction’, Court said.
“It is well settled that every violation of law or illegality is not sufficient for the writ court to exercise its discretionary power until and unless there is miscarriage of justice”, DB concluded.
“The claim of the petitioners for interest and its denial is not one which causes any injustice to the petitioners particularly when the petitioners have duly received the compensation of the land requisitioned”, reads the judgment.
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