STATE OF KERALA Vs. MARIYAMMA

JUDGEMENT

(1.) This Court by order dated 26.11.2004 disposed of the Civil Revision Petition by setting aside the impugned order and remanding the execution proceedings to the executing Court for fresh consideration. The decision is reported in State of Kerala v. Mariamma (ILR 2005 (1) Ker. 40 = 2005 (1) KLT 173). The matter arose from an order passed by the Subordinate Judge, Thiruvananthapuram in execution of an award passed in L.A.R. No. 120 of 1993 of that Court. This Court considered the principles to be followed while calculating the amounts due to a decree holder in a Land Acquisition Case, the obligation on the Land Acquisition Officer to deduct income tax from the amounts to be deposited, the method of calculating the interest awardable under different heads and also the principles to be followed while adjusting the part payments effected by the judgment debtor.

(2.) After the pronouncement of the order, it was noticed that this Court committed an error in calculating the amount due to the claimant under Section 23(1A) of the Land Acquisition Act ("Act" for short) and the interest payable to the claimant on such amount. Since the findings of this Court on those points were against the decisions of the Apex Court, this Court suo motu decided to hear that matter again so as to correct its own records in the final order in exercise of the powers conferred on this Court under Art.215 of the Constitution of India. Accordingly, the matter was heard.

(3.) The learned counsel appearing for the decree holder has argued that the findings of this Court that the decree holder is entitled to get only simple interest and that the provisions of Order XXI, R.1 are not applicable while adjusting the decree debt deposited by the State in execution of the award passed by the Land Acquisition Court are also wrong.