GOVERNMENT OF GOA Vs. ASCANIO CASTO MARTINS

JUDGEMENT

(1.) - This revision application is directed against order dated 21st November, 1988 whereby the learned Distt. Judge, South goa, substantially dismissed the objections raised by the petitioner in the execution proceedings instuted by the respondents.

(2.) PROCEEDINGS for acquisition of land had been initiated by the petitioner, inter alia, in respect of a plant of land with an area of 28,351 sq. mts. belonging to the respondents. The Land Acquisition Officer made his award and the respondents being dissatisfied with the compensation awarded to them filed an application under Section 18 of the Land acquisition Act to the District Court, Margao. By his award, dated 1st september, 1982, the learned District Judge, Margao, enhanced the compensation to Rs. 9. 50 per sq. mt. as well as gave a compensation of rs. 2 lakhs towards severance of the land. He also awarded 15% on account of solatium. After the award was made the petitioner did not challenge it and, on the contrary, deposited in the District Court on 20th december, 1983, a sum of Rs. 17,34,198. 95-p. This amount was covering not only the principal amount of the compensation, but also the interest thereon. It appears that somewhere in the year 1985, respondents moved a review application of the said award, dated 1st September, 1982 and the learned District Judge allowed the said review application by his orders dated 1st November, 1985 and therefore, granted to the respondents the benefits under the Land Acquisition Act, 1984 as regards solatium and interest Later on the respondents moved an application under Section 152, c. P. C claiming that the benefit of the Section 23 (1-A) had not been given to them. By his order dated 31st March, 1986, the learned District judge allowed the said application.

(3.) IT appears that the award as awarded by Orders, dated 1st November, 1985 and 31st March, 1986 was not satisfied by ths petitioner and therefore, execution proceedings were instituted before the District Judge, margao. During the pendency of the said execution proceedings, a dispute arose in respect of the quantum of the amount due by the petitioner/judg ment-debtor and the decree-holders/respondents herein submitted under the directions of the executing court, their calculations showing that the balance due was of Rs. 27,61,645. 79-p. This amount was challenged by the judgment-debtor on several grounds, namely that the severing charges of rs. 2 lakhs were not covered under the award dated 31st March, 1986, and therefore, could not have been included in the calculations. The petitioner also challenged the calculations made as regards the interest. The learned executing Judge held the view that the first objection as regards the severing charges was not justified. He also held that only one of the objections as regards the date from which the interest was due was justified. Therefore, with the aforesaid small modification, he ordered the payment of Rs. 12,34,422. 36p. to the respondents herein.