MOHAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) AWARD . The petitioner preferred reference under s. 18 of the Land Acquisition Act sometime in the year 1989. By its Maharashtra preferred appeals in the High Court. Same have been admitted and pending. The petitioners, however, were permitted to withdraw the decretal amount on furnishing solvent security to the satisfaction of the Civil Court. There is no finality attained to the said award as appeal is still pending. Therefore, the right to receive the amount of compensation and interest is still unsettled. accordingly filed return and paid the income -tax under protest and thereafter filed the present writ petition as in view of already decided cases such demand ought not to have been made by respondent No. 2.

(2.) THEREFORE , considering the fact that this Court in identically placed matters, where the issues are also same, by relying on the various judgments of Supreme Court, as well as this Court, which are as :

(3.) SO far as prayer cl. (ii) is concerned, the petitioner is not pressing as he has already preferred appeal against those assessment orders.