V V RAMAN Vs. STATE OF A P

JUDGEMENT

(1.) The petitioners in these C.R.Ps. question the common order dated 18-12-1991 of the learned District Judge, Ranga Reddy District, in E.P.Nos.20 to 26 of 1989 and 1 of 1990 preferred by the decree holders/claimants in O.P.Nos.476, 477 and 478 of 1982 under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act'). C.R.P.Nos.505 to 512 of 1992 have been preferred by the respective decree holders in E.P.Nos.20 to 26 of 1989 and 1 of 1990 who were the claimants in O.P.Nos.476, 477 and 478 of 1982. C.R.P.Nos.992 to 999 of 1992 have been preferred by I.D.L. Chemicals Limited for whose benefit the Government of Andhra Pradesh acquired the lands belonging to the decree holders/claimants and which has actually to pay the compensation i.e., the amounts awarded in the said O.Ps. as against the Government represented by the Special Deputy Collector, Land Acquisition. The questions involved are common and consequently all the C.R.Ps. were heard together and are being disposed of by a common order. Though there was much argumentation on both sides, all the questions involved in these matters are now settled finally by the Apex Court against the decree holders. To appreciate, a few facts have to be stated.

(2.) The acquisition proceedings in respect of the lands belonging to the decree holders/claimants were initiated by notification under Section 4(1) of the Act published on 27-5-1975 and possession of the said lands was taken on 27-7-1976. It is not necessary to go into the details as regards description of the said lands except mentioning that the total extent acquired was Acres 40-02 guntas and that the lands were of two categories : (i) an extent of Acres 1-05 guntas was nala (stream) land i.e., it formed part of the bed of a nala (stream), and (ii) the remaining land was of an extent of Acres 38-37 guntas. The award of the Land Acquisition Officer in respect of the said lands was made on 19-12-1977. He fixed the market value of nala land at Rs.500/- per acre and at Rs.2,500/- per acre for the remaining land, and gave solatium at 15% and interest on compensation including solatium at 12% per annum from the date of the notification. The total amount of compensation in respect of the entire land came to Rs.97,875/- and the total amount of solatium at 15% thereon came to Rs.14,681.25 ps. i.e., a total of Rs.1,12,556.25 ps. and the said sum together with interest thereon at Rs.5,056.84 ps. was paid to the claimants on 29-12-1977. O.P.Nos.476, 477 and 478 of 1982 arose out of the said award on reference under Section 18 of the Act, they were allowed by the learned District Judge, Ranga Reddy District by his common order dated 6-3-1985 enhancing the market value for nala land to Rs.3/- per square yard and for the remaining land to Rs.16/- per square yard. The learned District Judge awarded interest at 12% per annum on the said market value from the date of publication of notification i.e., 27-5-1975 till the date of delivery of possession i.e., 27-7-1976, 30% solatium and 4% interest on the enhanced amount from the date of the award i.e., 19-12-1977 till the date of realisation and costs. I.D.L. Chemicals Limited preferred Appeal Nos.1403, 1404 and 1405 of 1985 before this Court against the said common order; one of the claimant i.e., Respondent No.4 in A.S.No.1403 of 1985, preferred cross-objections; and another claimant i.e., respondent in A.S.No.1405 of 1985, preferred a cross-appeal i.e., A.S.No.1582 of 1985. A Division Bench of this Court by a common order dated 8-8-1986 disposed of the said appeals and the cross-objection reducing the market value to Rs.1.50 ps. per square yard for the nala land, and to Rs.8/- per square yard for the remaining land. This Court also modified the interest and awarded 15% per annum for a period of one year from the date of taking possession i.e., 27-7-1976, and thereafter at the rate of 9% per annum. The claimants, the I.D.L. Chemicals Limited and the Government of Andhra Pradesh moved the Supreme Court and Civil Appeal Nos.487, 488, 492 and 494 of 1987 were entertained by the Supreme Court. The matters were compromised and a memorandum was filed before the Supreme Court. The appeals were disposed of by the Supreme Court by order dated 24-2-1987 as per the request of the parties thereto in accordance with the terms contained therein observing as follows:

(3.) Pending the appeals in this Court and in the Supreme Court, I.D.L. Chemicals Limited deposited various amounts on different dates and the same were withdrawn by the decree holders/claimants as shown below : <FRM>JUDGEMENT_503_ALD4_1997Html1.htm</FRM> It is not necessary to give the break-up of the said sums between the various claimants/decree holders for the purpose of answering the questions raised in the C.R.Ps. In the E.Ps. before the learned District Judge, Ranga Reddy District, the questions raised by the decree holders/claimants and the judgment debtors related to the manner of appropriation of the said amounts deposited by I.D.L. Chemicals Limited.