H.U.D.A. Vs. DEVINDER KAUR

JUDGEMENT

(1.) THIS order of mine shall dispose of Civil Revisions No. 2842, 2843, 1826, 1827, 3273 to 3278, 3280 to 3282 of 2001 as all these revision petitions contain similar question of law and facts. Facts have been taken from Civil Revision No. 2842 of 2001.

(2.) LAND of respondent-Devinder Kaur situated in Village Sukhrali, Tehsil and District Gurgaon was acquired vide notification No. LAC (P)-NTLA/76-7367 dated 10.12.1976 issued under Section 4 of Land Acquisition Act by Urban Estate Department of Haryana Government. Award No. 11 was pronounced on 5.10.1978. On reference to the Court, amount of compensation was enhanced on 22.7.1980. Regular First Appeal was preferred in this Court wherein amount of compensation was further enhanced along with solatium and interest. Respondent filed all application and got the judgment passed by this Court modified to the extent of grant of solarium at the rate of 30 per cent and interest at the rate of 9 per cent per annum for the first year of acquisition and 15 per cent per annum thereafter. Respondent filed execution applications in 1983 and again in 1986. Application filed in 1983 was dismissed as partly satisfied whereas the one filed in 1986 was got dismissed as withdrawn because the respondent wanted to take benefit of enhanced rate of solatium and interest. Present application came to be filed on 16.1.2001 wherein respondent claimed balance due compensation amounting to Rs. 96,942.20. Upon notice, petitioner herein filed calculations made by its officials and filed Form-D to show that a sum of Rs. 40,759.55 was deposited by Land Acquisition Collector in the year 1987 and it was withdrawn by the claimant i.e. respondent herein. The balance amount was deposited by the petitioner which was released without security by the Additional District Judge, Gurgaon on 3.4.2001. On 2.5.2001, counsel for respondent moved an application for release of balance payment as according to her, calculations submitted by Land Acquisition Collector were wrong. It was contended that Land Acquisition Collector has not calculated interest on solatium and the calculation sheet prepared was only in respect of Rs. 2/- which was enhanced by the High Court though it was incumbent upon the Land Acquisition Collector to prepare calculations at the rate of Rs. 19/- per square yard which was awarded by the High Court while setting aside the Award of Reference Court who had awarded compensation at the rate of Rs. 17/- per square yard. It was further contended that the Land Acquisition Collector while preparing calculations at the rate of Rs. 19/- per square yard, should have granted statutory benefits and then should have deducted the payments already made to the decree-holder, appropriating the same firstly towards costs, interest, additional amount, solatium and lastly towards principal amount. Petitioner herein filed reply to the application denying the averments of the claimant and reiterating that the calculations prepared by it are correct as per law. Executing Court vide its order dated 10.5.2001 allowed the application holding the claimant i.e. respondent herein, was entitled to get interest on the amount of solatium and to appropriate the amount already paid or deposited in Court, firstly towards costs, then towards interest, then towards solatium and in the last towards principal amount. Hence the present civil revision by the State of Haryana.

(3.) ON perusal of the records of all the civil revisions, I find that three important questions of law arise for adjudication. They are :