ANANT PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS civil revision petition invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been preferred by the petitioner -decree holder challenging order dated 29.9.2009 (Annexure P -1) passed by the Executing Court, whereby it was held that the decree holders are liable to refund the amount received in excess in view of the provisions of Section 23 (1A) and Section 23 (2) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act).

(2.) IT is claimed that the impugned order neither takes into account the factual matrix nor the legal position correctly. It is further pleaded that the impugned order is neither valid nor legal.

(3.) COUNSEL for the respondents, on the other hand, have urged that in terms of statutory provisions as also in view of the judicial mandate of Hon'ble Supreme Court of India in Gurpreet Singh Versus Union of India, 2006 8 SCC 457, the petitioner -decree holder had received a sum of Rs.2,72,957/ - in excess from respondent -JD and the decree holder thus was liable to refund the same or may claim adjustment in the subsequent payments, if any, due from the JD to the decree holder.