NAVRANG METALS Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER decree -holder has directed this revision against order dt. 20.11.98 passed by the 3rd additional District Judge, Dhar in Execution Case No. 3/86, thereby rejecting the interest claimed by the decree -holder on the amount of solatium, as awarded by this Court in FA 143/90 by judgment and decree dtd. 10.9.97.

(2.) BRIEFLY stated the facts of the case are that - In a land acquisition reference case MJC 3/86 the 3rd ADJ. Dhar by its order dt. 23.7.90 awarded compensation of Rs. 1, 48, 632/ - in all together with 12% additional compensation and 30% solatium alongwith interest thereon. Petitioner being aggrieved by the aforesaid award of the Reference Court, preferred F.A. 143/90 before this Court and claimed enhancement of compensation as awarded by the Reference Court. This Court by judgment and decree dtd. 10.9.97 allowed the F.A. filed by the petitioner and enhanced the compensation to Rs. 2,46,600/ - together with 30% additional compensation by way of solatium alongwith interest. No appeal was filed by the State against the judgment and decree dtd. 10.9.97 by this Court passed in F.A. 143/90. The decree holder filed execution before the Reference Court for the recovery of the additional amount of compensation together with 30% of the solatium and interest thereon. In this execution the non -applicant State raised certain objections, alongwith objection that the applicant is not entitled to recover any interest on the amount of solatium in view of the decision of Apex Court in case of Kapoorchand Jain and others v. State Govt, of Himachal Pradesh and others (1999) 2 SCC 89. Learned Executing Court alongwith other objections raised on behalf of the non -applicant -judgment debtor, also disallowed the amount of interest claimed by the petitioner on the amount of solatium as awarded by this Court in award dt. 10.9.97 passed in F.A. 143/90. Aggrieved the applicant has filed this revision.