COLLECTOR CUTTACK Vs. BHIMA SAHU

JUDGEMENT

(1.) The short question that arises for consideration in this case is whether the decree-holder-opposite parties are entitled to a sum of Rs. 1,00,741.50 in Execution Case No.191 of 1983 pending in the court of Subordinate Judge, 1st Court, Cuttack (Civil Judge, Sr. Division, Cuttack). The Collector, Cuttack, the judgment-debtor has filed this revision petition assailing the order dated 196-89 dismissing the Misc. Case No. 262 of 1989, filed by the Collector, Cuttack under Section 47 of the Code of Civil Procedure. The learned Subordinate Judge held that the petitioner is liable to pay a sum of Rs.1, 09,741.50 as claimed by the opposite parties towards higher rate of solatium interest and additional market value under the amended provisions of the Land Acquisition Act (for short'L. A. Act).

(2.) The relevant facts of the case leading to the present proceeding may be stated thus:Ac. 0.64 decimals of land in village Pandara was acquired by the notification dated 20-5-1964 issued under Section 4(1) of the L.A. Act for the purpose of construction of Engineering Research Institute at Pandara. On 1-9-70 and 26-8-71 the Land Acquisition Collector; Civil, Cuttack made two separate awards in L.A. Misc. Case No. l5l of 1965-66 for Rs. 7,360.00 and Rs. 2,288.95 in favour of the opposite parties. The amount under the awards included 6%o interest and 15% solatium over and above the market value of the acquired land. On a reference under Section18 of the L.A. Act the learned Subordinate Judge by his judgment dated 25-4-77 in L.A. Case No. 55 of 1977 enhanced the market value of the acquired land from Rs. 10,000 / - to Rs. 43,000 / - per acre. Against the said judgment the Collector, Cuttack filed First Appeal No. 261 of 1977 in this Court which was disposed of on 2-4-79 by an order of remand. During the pendency of the aforesaid First Appeal the opposite parties filed Execution Case No. 147 of 1977 for execution of the award. In pursuance of the order passed by this Court in the First Appeal, the petitioner deposited the entire claim amount of Rs. 42,846.00 in the said execution case vide Treasury Challan No. 306 dated 16-12-77. After remand the Subordinate Judge again awarded compensation and the First Appeal No. 357/1980 filed by the Collector, Cuttack against the said award was disposed of by this Court along with a batch of similar cases by a common judgment rendered on 26-2-1982 in which the market value of the acquired land was reduced. The operative portion. of the judgment reads as follows :"Keeping the pattern of the evidence in view and the several aspects taken note of above, we are inclined to think that the valuation of Rs. 45,000 / - and Rs. 50,000 / -per acre for the two classifications of land made by the learned Subordinate Judge should be set aside and as against Rs. 43,000 / -per acre the value of Rs. 40,000/- per acre should be fixed and in respect of other lands for which compensation has been fixed at Rs. 50,000/- per acre, the earlier determination of Rs. 40,000/- per acre should be adequate. Over and above this amount, the claimants should be entitled to statutory solatium of 15% and interest of 6% on the enhanced amount of compensation from the date of dispossession till payment. In many cases, a part of the compensation amount has already been paid. The said payment should be deducted. The learned Subordinate Judge is directed to revise his decree on the aforesaid principle."After disposal of first appeal on 25-2-1982, opposite parties filed Execution Case No. 191 of 1983 claiming a further sum of Rs. 6610/- and by a subsequent amendment added further a claim of interest and solatium at the enhanced rate as provided in L.A. Act as amended by Act 68 of 1984. The petitioner has already deposited a sum of Rs. 6610/- in the said execution case.

(3.) In the Execution Case No. 191 of 1982, the petitioner judgment-debtor filed an application contending inter alia that since First Appeal No. 357 of 1980 was finally decided on 25-2-1982, i.e. prior to the introduction of the Land Acquisition (Amendment) Bill, 1982 in the Parliament and since the amount under execution has already been paid the execution case is liable to be dismissed on full satisfaction. The said application was rejected by the order dated 19-6-1989 and liability for additional further amount of Rs. 1,09,741.50 was saddled on the petitioner. Hence the grievance.