EXECUTIVE ENGINEER TLSC Vs. JAGDISH KUMAR AND ORS.

JUDGEMENT

(1.) THE Petitioner herein is aggrieved by the order passed by the learned Executing Court in an execution petition arising out of land acquisition proceedings directing the Petitioner herein to deposit the balance amount in execution as calculated on or before 9.3.2011. The grievance of the Petitioner is that interest under the provisions of the Land Acquisition Act is payable by the judgment debtors from the date of publication of notification under Section 4 of the Limitation Act and not from the date of taking possession even though that be anterior in point of time to the issuance of the notification under Section 4 of the Land Acquisition Act.

(2.) IN L.A.C. v. Ratti Ram, Latest, HLJ 2008 (HP) 104 this Court, on the basis of judgments passed by the Supreme Court as also by this Court, held that interest was payable from the date of publication and not from the date of taking possession of the land. This point is no longer res integra. The learned Executing Court is, therefore, directed to ensure that the award is executed only in accordance with the directions as passed in the judgment as aforesaid.