SPECIAL LAND ACQUISITION OFFICER KARNATAKA Vs. B

JUDGEMENT

(1.) THE Government acquired for the benefit of Karnataka Industrial areas Development Board the land measuring 16 acres 29 guntas in S. Nos. 62/b, 186 and 187 of Koragalli Village, Yelwal Hobli, Mysore, from the respondent. Compensation was awarded in favour of the respondent. Therefore, to recover the compensation awarded by the Court, the respondent filed Ex. Petition No. 19 of 1996 on the file of the I Additional civil Judge, Mysore against the petitioner and the petitioner had made certain payments and thereafter filed a memo of calculation reporting to the Court that the amount paid by the petitioner is much more than the amount for which the respondent is entitled to under the execution. The office also calculated and came to the conclusion that the amount paid by the petitioner is insufficient to satisfy the decree. After hearing both the parties, the Court has accepted the method of calculation adopted by the office of the Court. Being aggrieved by the order, the petitioner/j. Dr. approached this Court under Section 115 of the CPC.

(2.) HEARD.

(3.) THE learned Counsel for the petitioner vehemently argued that no interest can be awarded on solatium and additional amount awarded by the Court, He also submitted that the interest on enhanced amount shall be calculated from the date of enhancement order. Therefore, the calculation adopted by the office of the Court cannot be accepted as it is erroneous. He also argued that the amount paid by the J. Dr. cannot be adjusted towards the interest only.