R N DEY Vs. BHAGYABATI PRAMANIK

JUDGEMENT

(1.) Delay condoned.

(2.) These appeals are filed against the judgment and order dated 4th August, 1998 passed by the High Court of Calcutta in C. R. No. 628 of 1998 and C. P. A. N No. 1822 of 1997 in F. A. No. 232 of 1988 By the impugned order, the Court accepted unqualified apology tendered by the appellants in compliance with the orders of the Court for not paying the balance award money due to the respondents. The Court further directed the appellants to deposit with the Registrar (Appellate Side) the compensation money determined in terms of order of the learned Land Acquisition Judge in respect of the lands acquired by the State as mentioned in the order and decree within two weeks from the date of the order without prejudice to the rights and contentions of the parties in such proceedings. Further, the Court did not pass any order on the application filed by the Collector for vacating the Rule issued in the contempt proceeding holding that Collector cannot go behind the Award passed by him as provided under the Land Acquisition Act.

(3.) It is the contention of the appellant that the land in question has vested in the State Government under the Estates Acquisition Act, 1953 and the intermediaries were paid compensation under the said enactment. It is also contended that respondents-claimants have obtained a decree by fraud in their favour after the said Act, therefore, it is nullity as the land vested in the State Government. Further, by mistake, the Collector made an order under the Land Acquisition Act for the acquisition of 39. 02 acres of land @ Rs. 27,126. 00 per acre. That compensation was enhanced to Rs. 4,23,500. 00 per acre. The State of West Bengal filed appeal (First Appeal No. 232 of 1988) against the said Judgment and Decree. In the said appeal, an application for stay was also filed on which the High Court made an order directing that payment @ Rs. 600. 00 per cottah be made as an interim relief. The claimants filed an application before the Appellate Court for a direction that compensation amount be paid. However, the Appellate Court directed an ad hoc payment of Rs. 1,00,000. 00 That amount was paid. Further, on 15th May 1992, the High Court passed an interim order which reads as under: