THE KARNATAKA HOUSING BOARD CAUVERY BHAVAN BANGALORE Vs. MR. DERRICK DSA SINCE DECEASED BY HIS LEGAL REPRESENTATIVES AND OTHERS

JUDGEMENT

(1.) The petitioner-Karnataka Housing Board (for short 'KHB') has filed this writ petition under Article 227 of the Constitution of India aggrieved by the order dated 22.04.2017 by which the learned Executing Court below has directed the attachment of the property of the Housing Board in favour of the Respondents under the land acquisition proceedings for which an Award was passed by the Land Acquisition Officer and subsequently enhancement of compensation was given by the Reference Court under section 18 of the Act.

(2.) The grievance of the petitioner-KHB is that though the Constitution Bench decision of the Hon'ble Supreme Court in the case of Gurpreet Singh v. Union of India (2006) 8 SCC 457 has been referred to by the Court below but the calculation of the interest as submitted by both the sides have not been appreciated by the Executing Court below and therefore, the impugned order passed by the Court below suffers from legal infirmity.

(3.) Learned counsel for the petitioner-KHB has relied upon paras-28 and 36 of the Constitution Bench decision of the Hon'ble Supreme Court which are quoted below for ready reference: