BHIWANI IMPROVEMENT TRUST Vs. SHANKAR

JUDGEMENT

(1.) THE challenge in the present petition is to the order dated January 7, 2004 passed by learned Civil Judge (Senior Division), Bhiwani, in execution petition filed by the respondents/decree holders, wherein the petitioner was required to pay a sum of Rs. 2,65,913/- to the respondents/decree holders on account of balance enhanced compensation, interest etc.

(2.) BRIEFLY the facts as stated in the petition are that the State of Haryana, vide notifications dated July 18, 1972, July 25, 1972 and August 1, 1972, issued under Section 36 of the Punjab Town Improvement Trust Act, 1922 (for short "the Act") and vide notification dated May 8, 1974 issued under Section 42 of the Act acquired the land measuring 19.83 acres for development purposes for Improvement Trust Bhiwani under scheme No. 17. Award for the acquisition was announced on February 20, 1975 assessing the value of l and @ Rs. 9/- per square yard for small plots abutting in the main circle road and for other small plots @ Rs. 7/- per square yard. For the remaining land compensation was assessed @ Rs. 4/- per square yard. The owners of the land, being dissatisfied with the award moved the Collector for reference. The Tribunal, on a reference, vide award dated January 15, 1991, assessed the compensation at Rs. 10/- per square yard with solatium at 30% and interest @ 9% for the first year and 15% for the subsequent years.

(3.) THE entire amount as directed in the award of the Tribunal i.e. solatium @ 30% and interest @ 15% was not paid by the petitioner as the award to that extent was contested by it by filing Special Leave Petition (Civil) No. 8943 of 1991 before Hon'ble the Supreme Court. It was only difference of interest and the solatium which was not paid and the rest of the amount was paid by the petitioner even before Special Leave Petition was listed before Hon'ble the Supreme Court. At the time of preliminary hearing, Hon'ble the Supreme Court after hearing learned counsel for the petitioner passed the following order on May 10, 1991 :-