Supreme Court held yes, 25% of the awarded compensation, along with proportionate interest and cost, be released to the claimants without furnishing any security and remaining 75% of the awarded compensation be deposited in the fixed deposit. Paragraph No. 6 of the judgment dated 18.12.2020 is reproduced below for ready reference:-
“6. Having heard learned counsel for the respective parties at length
and the fact that the lands of the original claimants have been acquired in the
year 1996 and the learned Reference Court has enhanced the amount of
compensation after a period of approximately 17 years (by now 20 years), and
the original claimants are not in a position to furnish any security, while permitting
the original claimants to withdraw the amount of enhanced compensation awarded
by the learned Reference Court, to strike the balance and to consider the
interest of both the parties and recording the statement of Shri P.S.
Narasimha, learned Senior Advocate appearing on behalf of the appellant that the
appellant is ready and willing to deposit the entire enhanced amount of
compensation awarded by the learned Reference Court, together with interest and
cost, we are of the opinion that if the original claimants are permitted to
withdraw 25% of the enhanced amount of compensation, as awarded by the learned Reference
Court, together with proportionate interest and cost, without furnishing any
security and the balance 75% of the enhanced amount of compensation, together
with proportionate cost and interest, as awarded by the learned Reference Court
is permitted to be invested in a fixed deposit in any nationalized bank with
cumulative interest, it will meet the end of justice and take care of the
interest of both the parties.”
Nayara
Energy Limited versus The State of Gujarat & Ors.
S.L.P.
(C) Nos. 14215-14216/2020
Date
of Decision = 18.12.2020
Anuj Aggarwal
Advocate
483, Block-2, Lawyers Chamber,
Delhi High Court, New Delhi – 110003
anujaggarwal1984@gmail.com
