SPECIAL LAND ACQUISITION OFFICER FORRAILWAYS RAMANAGARAM Vs. RAMADASEGOWDA

JUDGEMENT

(1.) THE petitioner-judgment-debtor is the special land acquisition officer for the railways. The first respondent is the decree-holder-claimant. The second respondent is the Karnataka industrial areas development board. The land was acquired by the petitioner for the benefit of the second respondent.

(2.) THE learned civil judge, ramanagaram, in l. a. c. No. 9 of 1981 passed a decree in favour of the first respondent-claimant holding that the claimant is entitled to Rs. 10,000/- per acre as compensation and further solatium of 30% of the market value. The learned civil judge also held that the claimant was entitled to the additional compensation under Section 23 (1-a) of the Land Acquisition Act on the amount awarded at the rate of 12% per annum from the date of the preliminary notification till the date of the award. The learned civil judge also held that if the possession is taken earlier to preliminary notification the amount so awarded shall carry interest at 9% per annum from the date of possession till completion of the first year and thereafter it shall carry interest at the rate of 15% per annum till payment.

(3.) THE claimant-first respondent sought to execute the decree. Thelearned civil judge issued the order of attachment of moveables of the judgement-debtor and for recovery of the amount if process fee is paid by certain date.