LAND ACQUISITION COLLECTOR Vs. SITA DEL

JUDGEMENT

(1.) This is a petition by the claimant-respondent No. 1 seeking direction of this Court to the appellant to deposit the entire awarded amount and to allow him (R-1) to withdraw 50% of such deposited amount without furnishing any guarantee or security and the balance 50% by furnishing bank guarantee or property security. According to the claimant-respondent, her lands were acquired in the year 1983 for Bidanasi Triangular Development Project, but till date she has not received the compensation for the lands as the matter is still pending for determination of the fair market price, as a result, she is undergoing undue hardship and irreparable injury. Counter affidavit has been filed by the appellant wherein it is stated that in view of Order 27, Rule 8A of the CPC the State Government cannot be asked to deposit the decretal amount or furnish security contemplated under Order 41 Rule 1(3) or Order 41, Rule 5(5) of the CPC.

(2.) Learned counsel for the claimant-respondent stated that as per the provision of Order 41, Rule 1(3) and Order 41. Rule 5(5) of the CPC an appellant shall deposit the differential decretal amount or furnish security for such amount in order to obtain an order of stay of the decree. He states that despite existence of Order 27, Rule 8A of the CPC the State appellant has to make the deposit as Order 41, CPC nowhere exempts the State Government or the Development Authority from depositing the decretal amount and considering this aspect the depositing the decretal amount and considering this aspect the Apex Court and this Court have in many cases directed a State appellant to deposit the entire or part of the decretal dues as a condition for grant of stay. In support of his contention he relied on the cases of State of Orissa v. Pratibha Prakash Bhawan etc. (1990) 69 CLT 323; State of U. P. v. Ratan Lal etc. Spl. Land Acquisition Officer, Bangalore v. Dyavappa, 1995 LACC 637; Chief General Manager, Telecom, Orissa v. V. N. Enterprises, A Partnership Firm, 2004 (1) OLR 687.

(3.) It is also argued that the Land Acquisition Act is a special and self-contained Act where deposit of the awarded amount at different stages of the proceedings is contemplated and as such the provisions of the Order 27, Rule 8A of the CPC would not be applicable in appeal filed u/S. 54 of the L.A. Act as 'provisions of CPC which are inconsistent with the provisions of the L. A. Act, have been made non-applicable to L.A. proceedings including appeals. In support of this plea, learned counsel cited the cases of Gurpreet Singh v. Union of India, (2006) 8 SCC 457 : (2006 AIR SCW 5813); Prem Nath Kapur v. National Fertilizers Corpn. of India Ltd. (1996) 2 SCC 71.