SELAVARAJ S/O SRI CHOWRAPPA AND ANTHONY S/O SRI CHOWRAPPA Vs. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY AND THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) C .R.P. Nos. 831, 809, 58, 538 of 2005 arc filed by the same petitioners namely the Bangalore Development Authority (hereinafter referred to as 'BDA' for short) challenging the correctness of the respective orders dated 15.09.2005; 16.09.2005; 26.11.2004 and 11.03.2005 passed respectively in the Execution Case Nos. 1324/04; 361/03; 294/91, and 699/2002 on the file of the learned 2nd Additional City Civil Judge (sitting in CCH No. 17), Bangalore. C.R.P. No. 1059 of 2005 is filed by the claimants in LAC No. 227/89 aggrieved by the order dated 28.10.2005 passed in Execution Case No. 2490/2004 on the file of the same Court. The Petitioners to this CRP No, 1059/2004 and also fine respective respondents in other 4 CRPs are the claimants respectively In LAC Nos. 227/89, 152/1988, 157/1988, 254/1984 and 665/1983. These claimants obtained from the Reference Court namely the Court of learned II Addl. City Civil Judge (CCH No. 17), Bangalore, the respective awards in the said cases in respect of the lands acquired for BDA. These claimants filed their respective Execution Cases before the said Court of the learned 2nd Additional City Civil Judge (hereinafter referred to as "Execution Court" for short) seeking execution of the awards obtained by them in their respective Land Acquisition Cases. In last of such Execution Cases filed fey the respective claimant in tile said land Acquisition cases, except in Ex. Case No. 2490/04, the Execution Court, by passing tile respective orders impugned herein directed BDA to pay to the claimant - Decree Holders therein, interest on solatium and additional market value also. Therefore the Judgment Debtor - BDA has challenged the said orders in CRP Nos. 831, 809, 58 and 538 of 2005. The claimant - Decree Holder in Execution Case No. 2490/04 has challenged in his CRP No. 1059/05, the correctness of the calculation memo accepted by the Execution Court by passing the impugned order.

(2.) IN all these revision petitions, the same questions of fact and law are involved in regard to the entitlement of the claimants in the respective land acquisition cases to the interest on solatium and additional market value components of compensation and the method of calculation to be adopted in arriving at the exact amount of compensation due to the claimants by the Judgment Debtor - BDA. Therefore all these five Civil Revision Petitions are disposed of by this common order.

(3.) IT is pertinent to note that the Execution Court, by its order dated 5.10.1996, passed in Ex.Case No. 154/93 directed its Office not to calculate interest on the solatium and additional market value components of compensation while determining the net amount of compensation payable by the Judgment -Debtor to the respective claimant - Decree -Holders in Ex.Case Nos. 1379/2000; 779/98; 294/91; and 193/98. Accordingly, the office of Execution Court determined the said net amount in each of the said Ex. Cases and the Judgment -Debtor - BDA deposited the same into the court and the Court issued cheque in favour of the respective claimant -Decree -Holders therein. Thereafter, the Execution Court closed the said Execution Cases 'subject to the results in CRP No. 83/97' which was then pending before this Court wherein the order dated 5.10.1996 passed in the Ex.Case No. 154/1993 was challenged. However, Ex.Case No. 621/1993 that was filed by the respondent - claimant in CRP No. 538/2005 came to be closed as "fully satisfied" without the said rider i.e. without subjecting it to results in CRP No. 83/1997.