THIAGARAJAR POLYTECHNIC SALEM Vs. C RAJAVEERAN

JUDGEMENT

(1.) This Revision has been filed under Article 227 of the Constitution of India challenging the order dated 25.02.2004 in R.E.A. No. 954 of 1995 in REP. No. 1/93 on the file of the Additional Sub-Court, Salem. By the said order, the Executing Court dismissed the petition filed by the Petitioner herein seeking to implead themselves in the execution proceedings thereby denying them to right to contest the claim of the first Respondent.

(2.) The facts of the case lie in a narrow campus.

(3.) According to the first Respondent the claim under the second heads, namely equitable compensation is liable to be paid, since the possession of the lands were handed over to the Petitioner institution well in advance, before the award was passed. On coming to know about the execution petition filed by the first Respondent, the Petitioner for whose benefit the land was acquired, filed the application in REA. No. 954 of 1995 under Order 1 Rule 10 Code of Code of Civil Procedure r/w Section 20(d) of the Land Acquisition Act, 1894. It was contended that the amount awarded as compensation by the land acquisition officer was paid by the Petitioner to the first Respondent and the enhanced compensation as awarded has also been deposited by the Petitioner institution and the claim of Rs. 1,62,846.43 under the head equitable compensation is a new claim not covered by any of the decree or award and such claim cannot be adjudicated by the Executing Court, as the Court go behind the decree. Therefore, the Petitioner contended that they are proper and necessary party to the execution proceedings and prayed for impediment.