STATE OF HARYANA Vs. CHANDER BHAN

JUDGEMENT

(1.) This revision is directed against order dated 31.1.1981 passed by Additional District Judge (I), Rohtak in Execution Revision No. 5 of 1980 rejecting the objections submitted by the petitioner.

(2.) The facts on which there is no dispute between the parties are that the land belonging to the respondents was acquired by the State Government for being used by Post and Telegraph Department. The compensation awarded by the Land Acquisition Collector was enhanced by Additional District Judge (I), Rohtak vide order dated 17.2.1966. He directed the petitioner to pay a sum of Rs. 53,153/-. In appeal, the High Court vide judgment dated 28.2.1977, further enhanced the compensation from Rs. 3000/- to Rs. 3500/- for each of the five shops and for the vacant land from Rs. 110/- to Rs. 150/- per square yard insofar as it was abutting the Post Office street and from Rs. 30/- to Rs. 50/- per square yard in respect of land which abutted the Jat Gazette Street. The High Court also awarded statutory solatium and interest on the enhanced compensation.

(3.) After receiving the amount of compensation, the respondents filed execution petition claiming difference in the compensation awarded by learned Additional District Judge (I) Rohtak and the High Court along with solatium at the rate of 15% a on the enhanced amount (Rs. 2382/-) and interest amounting to Rs. 51034.87. The petitioner filed objection petition in which it was pleaded that the interest may not be awarded because possession of the land could not be taken due to the stay order passed by the High Court.