DEEP CHAND & ORS. Vs. UNION OF INDIA

JUDGEMENT

(1.) C.M. No.15754/2017 (exemption) in Ex.FA No.9/2017 Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M.No. 15755/2017 (for condonation of delay) in Ex.FA No.9/2017

(2.) For the reasons stated in the application, delay of 26 days in re-filing the appeal is condoned. C.M. stands disposed of. Ex.FA No. 9/2017

(3.) This Execution First Appeal is filed by the appellants/decree holders impugning the order of the executing court dated 7.1.2017 dismissing the second execution petition filed by the appellants/decree holders for execution of the judgment and decree of the High Court dated 7.12.2000 in RFA no.111/1997 whereby the High Court enhanced the compensation granted by the ADJ of the acquired land, and the High Court awarded compensation at Rs. 345/- per sq. yd. i.e Rs. 3,45,000/- per bigha. The appellants/decree holders plead that though the earlier execution petition which was filed on 31.3.2001 was disposed of on 7.4.2005, however, since appellants/decree holders had only received two amounts under the first execution petition of Rs. 6,48,470/- and Rs. 17,92,658/- and which amounts do total up to grant of compensation at Rs. 345/- per sq. yd. in terms of the judgment dated 7.12.2000 of the High Court in RFA No.111/1997, hence the second execution petition should be allowed and the appellants/decree holders be granted enhanced compensation in terms of the judgment and decree of the High Court dated 7.12.2000. It is argued that in fact the Union of India in the case of appellants/decree holders had challenged the judgment dated 7.12.2000 before the Supreme Court being SLP (C) No. 6439/2003, but this SLP was dismissed on 28.7.2003, and therefore appellants/decree holders are entitled to the additional compensation after giving adjustment of the received amounts of Rs. 6,48,470/- and Rs. 17,92,658/-.