KARNATAKA HOUSING BOARD Vs. DERRICK DSA

JUDGEMENT

(1.) The judgment debtor in Ex.P.No.24/2011 is invoking the writ jurisdiction of this Court for seeking invalidation of the order dated 22.04.2017 made by the Executing Court at Annexure-'A', whereby in substance it has rejected the claim of the petitioner that no interest is payable on the solatium as awarded by the Reference Court and the interest payable on the enhanced compensation shall be from the date of taking possession and of the acquired property regardless of date of the award. After service of notice, the respondent-land loosers have entered appearance through their counsel and resist the writ petition.

(2.) Learned Sr. Panel Counsel for the petitioner/Judgment Debtor submits that the impugned order suffers from two major lacunae viz a) it awards interest on the solatium and b) it directs the accrual of interest on the compensation from the date of award as contradistinguished from the date on which the possession of the property is taken. In support of his contention he banks upon the decision of the Apex Court in the case of GURPREET SINGH VS. UNION OF INDIA, 2006 8 SCC 457 PARAS 54 & 36.

(3.) The learned counsel for the respondent land losers controverts the submission of the petitioner side and contends that the rights of the parties having already been determined by the judgment and award of the Reference Court and further the order of this Court on challenge thereto, what the Executing Court has done is perfectly in accordance with law. So arguing he seeks dismissal of the writ petition.