Compansation

G.Gomathinayagam (Querist) 24 February 2012 This query is : Resolved
One of the central govt department had acquired the land from pvt party through land acquisition.The party had gone to lower court got verdict for more compensation.The central Govt had deposited the amount to lower court. however the party had appeal to high court and got the verdict.The high court too confirmed the lower court verdict.But it too more than seven years.Now my doubt is who will pay the interest for the money already deposited in lower court.Whether the party has right to ask the interest from central govt.
G.Gomathinayagam

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Guest (Expert) 24 February 2012
You seem to be more worried about interest than the principal amount. Why not first claim the principal and after that try for interest. Interest would not automatically accrue, unless the court judgment contains the order for the interest to be paid and the rate specified for that. It is however, surprising, why you have not claimed the amount from the court where deposited, if no stay order to that effect was taken by the other party?

Raj Kumar Makkad (Expert) 24 February 2012
As the department already deposited the awarded amount before the court and there was no stay order against disbursement of such deposited amount then the party concerned is only at fault not to withdraw the amount since last 7 years so it cannot demand interest even if ordered from the department.

Once cannot take benefit of his own wrong.

adv. rajeev ( rajoo ) (Expert) 24 February 2012
What is the high court order?

M/s. Y-not legal services (Expert) 24 February 2012
am also agree with experts., if there is no specific terms about interest mean what you were doing in past 7 years..

fault is yours..

ignorance of fact can be excused., but you know the fact very well..

-tom-

ajay sethi (Expert) 24 February 2012
When the money was deposited in court the court must have placed said money in fixed deposit.with a nationalised bank . Make enquires with the trial court

V R SHROFF (Expert) 24 February 2012
Money already paid in court, so you cannot ask interest from anyone. Court may or may not pay interest. most probably no.

prabhakar singh (Expert) 25 February 2012
If the High Court verdict has not spoken any thing about the interest then you can not claim any interest from government for amount deposited timely in court below.

Generally courts themselves keep the amount
in fixed deposits but if such is not your case still you have no right to claim interest as nothing in law prevented you from withdrawing the amount deposited even if appeal was to be filed against the initial award.
Hence you have to bear the cost of reluctance and negligence committed by you.

Chanchal Nag Chowdhury (Expert) 25 February 2012
Since the money has already been deposited, interest ceases to run unless otherwise directed by the court.

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