G NARAYANA SWAMY Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India. The petitioner herein is the decree holder, who seeks to assail the order dated 21-4-2004 passed in E.P. No.Nil of 2004 in OP No.93 of 1985/CF.N0.10970 dated 17-12-2003 on the file of the Court of Principal Senior Civil Judge, Anantapur, closing the proceedings in the above unnumbered EP and directing the claimant to file a fresh EP in accordance with the observations made in the order and further directing the office to note the guidelines issued in the order while registering the EP in this case as well as other EPs in land acquisition cases.

(2.) The facts of the case are that the decree holder filed EP for realization of the amount due pursuant to the decree passed by this Court in AS No.791 of 1988, which was preferred against the award passed in OP No.93 of 1985 on the file of the Court of Principal Senior Civil Judge, Anantapur. Originally the Land Acquisition Officer fixed the market value of the acquired land at Rs.3,765-00 per acre. But the Principal Senior Civil Judge, Anantapur, while not enhancing the market value, directed payment of solatium at 30%, apart from additional market value at 12% and interest at 9% from the date of possession. Aggrieved thereby, an appeal was preferred to this Court and this Court enhanced the market value from Rs.3,765-00 to Rs.8,000-00 per acre including all other benefits as contemplated under the provisions of Land Acquisition Act. Thereafter, on the basis of the award, the decree holder filed EP No.98 of 1988 in OP No.93 of 1985. During the course of the said EP, the judgment-debtor has deposited an amount of Rs.27,594-73 paise and the same has been withdrawn by the claimant. Thereafter, on the basis of the judgment of the High Court, the claimant filed EP.No.38 of 1999 but the same was dismissed for default. The claimant thereafter filed the EP for realization of balance amount due and payable by the judgment- debtor. Initially the claimant filed EP for Rs.8,37,543-00 but in view of objections taken by the office with regard to the manner of calculation, the claimant filed a fresh calculation memo on 4-2-2004 claiming Rs.5,34,701-00. Again on 12-2-2004 the claimant filed another calculation memo claiming Rs.8,20,921-00. Thereafter the claimant filed yet another calculation memo on 3-3-2004 claiming an amount of Rs.6,81,413-00. Further certain clarifications were sought from the claimant; namely there is variation with regard to the amount paid to him during the award by the Land Acquisition Officer. In EP.No.28 of 1999 it is stated that an amount of Rs.69,741-00 was paid during the award. Presently it is stated that an amount of Rs.64,129-00 was paid by the Land Acquisition Officer. Secondly, as per Column No.7 of EP an amount of Rs.27,594-73 paise is paid in EP No.98 of 1988. However, as per the calculation memos it was shown as if an amount of Rs.92,234-00 consisting of two payments of Rs.40,224-00 and Rs.52,100-00 was received by the claimant without including the said amount of Rs.27,594-73 paise. The claimant has also included a claim for Rs. 10,776-00 towards structures, which was not found in the award. Therefore, the decree holder was directed to furnish the details with regard to the said objections. In answer to the same, the decree holder has filed a fresh calculation memo deducting the claim for structures and showing payment of Rs.27,595-00 only and claiming a total sum of Rs.9,87,699-00. After hearing the Counsel for decree holder, the Senior Civil Judge framed the point for consideration is whether the calculations made by the decree holder claimant are in accordance with law.

(3.) After hearing both sides, the learned Senior Civil Judge while answering the point firstly observed that the calculations made by the decree holder must be strictly in accordance with the decree and the law governing the field. If fanciful and exorbitant claims are allowed to be made which are contrary to the decree and law, the Court can look into that aspect even at the stage of registering the EP so that there may not be any scope for excessive payment by the State whose interests are not often protected but looked after properly by the concerned authorities for various reasons; such as, the change of officers etc., and thus rejected the contention of the claimant holding that EP has to be numbered on the basis of calculations made by the claimant The Senior Civil Judge observed that in pursuance of the one and same decree, the claimant made claims ranging from Rs.5,34,701-00 to Rs.9,87,699-00. It is further observed that the most distinguishing feature of various calculation memos filed by him is that the claimant is under an impression that he is entitled for interest-on- interest i.e., compound interest The total claim for the entire acquired land consisting of market value, solatium and additional market value does not exceed Rs,l,73,270-00. Admittedly more than an amount of Rs.60,000-00 has been paid at the time of the award. Therefore, the claimant cannot claim interest at any point of time on any amount in excess of about Rs. 1,00,000-00 and odd. However, the claimant at one stage at Serial No.7 of calculation memo dated 13-10-2003 has claimed interest on Rs. 1,90,644-00. At Serial No.8 of the said memo, interest is again claimed on Rs.4,96,322-00. A similar phenomenon is found in various other calculation memos.