Acquisition compensation deposited under the award must be disbursed within 15 days upon application, subject to entitlement verification.

The petitioner challenged the acquisition of her land bearing Khasra No. 353/44, measuring 0.135 hectare, situated at Village Bendri, District Raipur, and sought, inter alia, quashing of the acquisition, acquisition in accordance with law, recalculation of compensation, return of unutilised land, and consideration of her representation

The land had allegedly been acquired in 2011 and the award had been passed before the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”).

The petitioner asserted that compensation had not been paid to her and that she had submitted a representation seeking payment

Respondents Nos. 2 and 3 stated that the compensation amount had already been deposited with Respondent No. 5, but had not been disbursed because the petitioner had not come forward to receive it

During the hearing, the petitioner agreed to apply for release of the compensation while reserving liberty to pursue an appropriate claim regarding the amount determined under the award.

Whether the petitioner was entitled to seek disbursement of the compensation amount allegedly deposited pursuant to the acquisition award.

Whether the Court should adjudicate, in the present proceedings, the validity of the acquisition or the petitioner’s claim for enhanced compensation, recalculation, or return of the land.

The Court considered the acquisition in the context of the award passed before commencement of the 2013 Act and the petitioner’s claim for payment of compensation

The applicable principle was that an authority holding compensation under an acquisition award must disburse it to the entitled claimant upon verification of entitlement.

The Court also applied the principle that, where the merits of the acquisition or any claim for enhanced compensation have not been examined, such questions should remain open for determination by the competent authority in accordance with law

No specific statutory provision or judicial precedent was relied upon or finally applied by the Court.

The Court accepted the respondents’ submission that the compensation amount had been deposited with the competent land acquisition authority, while noting that it had not been paid to the petitioner because she had not approached the authority to receive it

Since the petitioner expressed willingness to submit an appropriate application for release of the amount, the Court considered it appropriate to grant her liberty to do so.

It directed disbursement after verification of her entitlement, but deliberately refrained from deciding the legality of the acquisition or the merits of any claim for enhanced or recalculated compensation

The authority was directed to disburse the amount, subject to verification of the petitioner’s entitlement, within 15 days of filing the application

The Court clarified that it had expressed no opinion on the validity of the acquisition or on any claim for enhanced compensation, leaving those matters open for consideration by the competent authority in accordance with law