JOSE ASSUNCAO AFONSO Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Heard the Advocates for both the parties in both the proceedings. While Civil Revision Application No. 288 of 2000 is filed against the impugned order dated 29/01/2000, passed by the District Judge, Margao in Execution Application No. 7 of 1987, Civil Revision Application No. 216/2001 is preferred by the applicants against the impugned order dated 31/03/2001 in Execution Application No. 14 of 1988.

(2.) Both the applications arise out of the dispute regarding calculations and the amount of compensation to be disbursed to the present petitioners in the course of land acquisition matters. The references under Section 18 of the Land Acquisition Act were disposed of by the Courts below against which the appeals were preferred, wherein the order came to be modified and therefore, fresh calculations were required to be made. The execution Court after making calculations of the amount payable to the claimants, came to the conclusion that the calculations made by the respondent State Authorities were correct, by virtue of which, the direction was issued to the claimant to refund the amount which was calculated to be overpaid to them.

(3.) The learned Counsel for both the applicants/claimants submitted that, while accepting the calculations made by the JD/state, the Courts below did not take into account the calculations which were presented by the claimants, nor the impugned orders show that there was any application of mind of the execution Court, while accepting the State's calculations made in that regard.