KARNATAKA HOUSING BOARD Vs. DERRICK D SA

JUDGEMENT

(1.) Mr.Basavaraj V.Sabarad, learned counsel for the petitioner.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 16.11.2018 passed by the Executing Court.

(3.) Facts giving rise to filing of this petition briefly stated are that the petitioner has acquired certain lands at Padavu and other villages at Mangalore. The process of acquisition was set in motion by issuance of a Notification under Section 4(1) of the Land Acquisition Act, 1894 on 06.03.1999. Thereafter, a notification under Section 6(1) was issued on 01.06.2000. The Land Acquisition Officer passed an award on 21.06.2001, by which the market value of the land was determined at Rs.11,12,205/- p.a. with 30% solatium and 12% additional market value. On 03.10.2002, a sum of Rs.50,00,000/- was paid to the claimants in view of the award passed by the Land Acquisition Officer. A sum of Rs.69,34,976/- was also paid to the claimants by the award passed by the Land Acquisition Officer on 19.09.2003. Thereafter, on 30.07.2004, a further sum of Rs.15,72,303/- was paid towards interest for delayed payment. On a reference being made, the reference Court by an order dated 26.08.2010, fixed the market value at Rs.33,75,000/- p.a. However, 50% was deducted on account of development charges. Thus, the market value of the property was quantified at Rs.16,87,500/- p.a. with solatium, additional market value and interest. Being aggrieved, the owners as well as the petitioner viz., Karnataka Housing Board filed Miscellaneous First Appeals before this Court, which were disposed of by a order dated 12.11.2014, by which the market value of the property was determined at Rs.25,31,250/-p.a. with statutory benefits and proportionate costs. Thereafter, the owners of the land initiated executive proceedings for recovery of the amount of compensation. On 16.11.2015, the petitioner deposited a sum of Rs.4,06,81,325/- towards the entire award amount and a Memo of Calculation was filed. The amount was disbursed to the decree holders and the matter was fixed for payment of the balance amount. Thereafter on 16.01.2016 and 20.02.2016, Memo of Calculation was filed by the parties and the case was posted for hearing. The executing Court by an order dated 23.07.2016 issued a warrant of arrest against the judgment debtor for recovery of balance amount of Rs.1,52,52,536/-.