K.G. KRISHNAMOORTHI Vs. SUB-COLLECTOR

JUDGEMENT

(1.) THE revision petitioners are the claimants in LAOP No. 99 of 1988 on the file of Subordinate Judge, Udumalpet. It is seen from the records that land acquisition proceedings were initiated by the first respondent to acquire the lands owned by the claimants and others measuring in all an extent of 7.20 acres of land in S.F. No. 160 in A.K. Puthur Village, Udumalpet Taluk at the instance of the second respondent for construction of regulated market buildings. For this purpose, the lands of the claimants were sought to be acquired by issuing notification under Section 4 (1) of the Land Acquisition Act (hereinafter referred to as 'The Act') and it was published in Government Gazzette on 05.03.1986. Thereafter, paper publication was effected on 06.05.1986. The enquiry under Section 5 (A) of the Act was conducted on 22.07.1986 and the declaration under Section 6 was made on 05.11.1986. After complying with the other formalities, an award was passed on 29.12.1988 and possession of the lands were taken on 11.03.1988. As regards compensation, the Land Acquisition Officer fixed the market value of the land at Rs.15,192.30 per acre. The value of the trees on the land was fixed at Rs.2,100/ -. The claimants were also awarded 30% towards solatium under Section 23 (2) of the Act. An additional amount at 12% from 06.05.1986, the date of notification under Section 4 (1) upto 29.02.1988, the date on which award was passed was also awarded by the Land Acquisition Officer under Section2 3 (1 -A) of the Act. Thus, a total sum of Rs.1,69,221.30 was awarded by the Land Acquisition Officer for having acquired an extent of 7.20 acres of land out of which the claimants were entitled for Rs.1,68,292.00 for having acquired 7.16 acres of land belonged to them.

(2.) AGGRIEVED by the compensation awarded, the claimants sought reference under Section 18 of the Act and accordingly, a reference was made and it was taken on file as LAOP No. 99 of 1988. After trial, by a judgment dated 14.12.1988, the reference court fixed the market value at Rs.1,750/ - per cent of land and fixed Rs.5,000/ - towards value of the trees. The reference court also awarded 30% solatium and interest at 9% on the market value of the lands.

(3.) THE claimants have filed E.P. No. 32 of 2003 before the trial court for executing the decree. The Executing Court, finding that there is a difference between the amount shown in the calculation memo and the amount mentioned in the Execution Petition, refused to entertain it and ultimately the Execution Petition was dismissed on 01.12.2005. Aggrieved by the same, the revision petitioners have filed C.R.P. (NPD) No. 1006 of 2006 before this Court. The Civil Revision Petition was allowed on 23.11.2009 and the matter was remanded back to the Executing Court with a direction to both sides to file a fresh memo of calculation and the Executing Court was directed to dispose it of within a period of three weeks. Pursuant to such direction, the Executing Court, by the impugned order dated 31.03.2010 directed the respondents/Government/ Judgment Debtor to deposit Rs.23,92,054/ - towards balance compensation amount and interest on or before 29.04.2010, failing which the properties shown in the schedule to the Execution Petition shall be attached. Aggrieved by this order dated 31.03.2010, this Civil Revision Petition is filed.