SUDARSHAN SINGH Vs. VIJAY BAHADUR

JUDGEMENT

(1.) This Special Appeal has been filed for setting aside that portion of the direction contained in the judgment and order dated 30th October, 2012 of a learned Judge of this Court by which the appellant, who was impleaded as respondent no.1 in the writ petition, has been restrained from practicing in the Civil Court at Ballia till the entire amount of compensation which he had received in the Execution Case with accrued interest is deposited by him in the account of the District Judge, Ballia. Writ Petition No.2121 of 2012, out of which this Special Appeal arises, was filed by respondent first set in this Appeal for a direction upon the Additional District Judge, Ballia to expeditiously decide Misc. Case No.2 of 1999 (Vijay Bahadur & Ors. Vs. Sudarshan Singh, Advocate) that had been filed by Vijay Bahadur and 68 others under Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908 for punishing the appellant for disobedience of the directions issued by the Executing Court on 22nd February, 1996 for deposit of the amount of compensation in the account of the District Judge, Ballia so that it could be paid to the applicants and the other tenure holders whose lands had been acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). The appellant is also aggrieved with the observations made in the order dated 20th February, 2013 by the learned Judge while rejecting the application filed by the appellant for recall of the judgment and order dated 30th October, 2012 that the appellant is liable to return the enhanced compensation payable to the petitioners in accordance with their share in the acquired land with interest at the rate of 18% per annum and that the appellant has made himself liable for civil as well as criminal liability.

(2.) It transpires from the records that a notification under Section 4(1) of the Act for acquisition of 8.56 acres of land situated in Plot Nos.503 and 769 in Village-Shahapur Tetia, District Ballia was issued for construction of a road. The award under Section 11 of the Act was made by the Special Land Acquisition Officer on 19th September, 1986 in which the market rate of the acquired land was determined at Rs.15,254/- per acre. Only two tenure holders namely, Babban Singh and Shiv Govind Singh, who claimed to be owners of only 30 decimals (0.355 acres) out of the acquired land measuring 8.56 acres, filed a Reference Application under Section 18 of the Act on 17th October, 1986 and the Reference Court by its award dated 12th September, 1988, enhanced the market rate of the land to Rs.1,30,000/- per acre. It, accordingly, directed that the amount of compensation along with interest should be calculated and paid to the claimants according to their share after deducting the amount, if any, already paid to them.

(3.) Execution Case No.9 of 1988 was thereafter filed by Babban Singh and Shiv Govind Singh on 22nd November, 1988 through their advocate Sudarshan Singh for execution of the decree of the Reference Court. As noticed hereinabove, Babban Singh and Shiv Govind Singh were entitled to claim compensation only for 0.355 acres of land out of the total 8.56 acres of land which was acquired but in the said Execution Application filed through Sudarshan Singh, Advocate, the amount that was claimed was Rs.54,58,992/- for the entire area of 8.56 acres of land that had been acquired. On 25th August, 1983, the State/Acquiring Body deposited Rs.1,34,460/- in the account of the District Judge for payment to the decree holders. This amount was deposited for payment of enhanced compensation for 30 decimals of land (0.355 acres of land) belonging to Babban Singh and Shiv Govind Singh and on 8th November, 1989, Sudarshan Singh, Advocate received this amount for and on behalf of the decree holders.