Authority: High Court at Calcutta, Circuit Bench at Jalpaiguri

Order Date: August 12, 2026

Case Overview

  • Petitioners: Cooch Behar Tea Company Limited & Anr.; Respondents: State of West Bengal, National Highways Authority of India (NHAI), and two additional respondents (Nos. 4 and 5).
  • The writ petition (W.P.A. 1857 of 2023) concerned acquisition of land for an NHAI project.
  • Compensation for the land loss was paid and received by the petitioners on February 19, 2026, a fact confirmed by both parties and the NHAI advocate.
  • The petitioners subsequently filed an interlocutory application (CAN 1 of 2026) seeking interest on the compensation amount.
  • The coordinate Bench order dated December 15, 2023 had kept the writ pending on the condition that compensation be paid; with payment now confirmed, the only remaining issue is the claim for interest.

Final Outcome

  • The Court finds no further purpose in keeping the writ pending for compensation and orders the petition disposed, except for the interest claim.
  • Interest Calculation: Respondent No. 3 (NHAI) must calculate and quantify any interest payable, strictly in accordance with law, within four weeks of this order.
  • Communication of Calculation: A copy of the interest calculation sheet must be provided to the petitioners within one week of the quantification.
  • Transmission to Respondents 4 & 5: Respondent No. 3 shall forward the quantified interest and all relevant records to Respondents Nos. 4 and 5 within four weeks of quantification.
  • Disbursement by Respondents 4 & 5: After consulting their records, Respondents 4 and 5 shall take steps to disburse the amount in accordance with law and transmit the funds to Respondent No. 3 within six weeks of receiving the quantified interest.
  • Payment to Petitioners: Respondent No. 3 shall credit the petitioners’ bank accounts with the interest amount via electronic mode within four weeks of receiving the funds from Respondents 4 and 5.
  • Clarification: If interest has already been paid together with the principal compensation, no further interest payment is required; the NHAI must communicate the detailed calculation confirming this in writing.
  • The writ petition is treated as on the day’s list and is disposed of without any order as to costs.

Topics: Land Acquisition, Compensation Interest