SPECIAL TAHSILDAR Vs. GOMATHI

JUDGEMENT

(1.) This revision petition is filed by the Government challenging the order passed E.P.No.9 of 1990 for the execution of award passed in L.A.O.P.No.6 of 1983 which was confirmed in A.S.No.706 of 1984 dated 26.07.1987. In and by the impugned order the Execution Court has ordered for the attachment of amount lying in the treasury and hence this revision.

(2.) The respondent's land was acquired in the year 1982 and subsequently award was also passed on 31.08.1982 and subsequently award was also passed on 31.08.1982 fixing the land value as Rs.430/- per cent. However, not satisified with the same, the respondent filed LAOP.No.6 of 1983 on the file of the learned Sub Judge, Chengelpet, in which the trial Court enhanced the compensation from Rs.430/- to 781/- per cent. Aggrieved by the same, the department has filed appeal in A.S.No.706 of 1984 before this High Court and the same was disposed by this Court directing the petitioner to pay 30% solatium and 9% interest from the date of taking over the possession. The respondent filed E.P.No.9 of 1990 calculating under various heads, especially calculating interest on 30% solatium from the data of acquisition and 12% additional market value from the date of 4(1) notification. None of the above two claims is justifiable the City Civil Court, Chennai (VI-Assistant Judge) in its order, dated 27.09.2007, in E.P.No.9 of 1990 in LAOP.No.6 of 1983 has directed attachment of the petitioner's property. The memo of calculation filed by the respondent is totally erroneous, as the respondent is not entitled for the interest on 30% of solatium as awarded by the Court in A.S.No.706 and 707 of 1984.

(3.) Heard the learned Government Advocate(CS) appearing for the petitioner and perused the records.