DHANI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this common order, both the petitions are being disposed of together.

(2.) THE cases have a chequered history. While laying overhead high tension power lines some fruit bearing trees belonging to the petitioners were damaged. Compensation was determined at some level but the petitioners did not either challenge the aforesaid determination of compensation or seek enhancement of the compensation amount until after the judgment passed by this Court in Civil Review Petition No.1/99 on 3rd May, 1999. This judgment in the aforesaid Civil Review Petition was preceded by an earlier judgment dated 31st March, 1998 passed in CWP No.377 of 1997. In CWP No. 377 of 1997 judgment/ award dated 29th April, 1997 passed by the learned District Judge, Bilaspur was under challenge. While modifying the aforesaid Award/judgment passed by the learned District Judge, Bilaspur, a Division Bench of this Court assessed the compensation to the tune of five times of the compensation assessed by the Department.

(3.) THE petitioners' grievance in these petitions challenging the aforesaid part of the award 29th is that in the earlier judgment/ award dated April, 1997, the learned District Judge, Bilaspur, while ordering the enhancement of compensation had awarded interest @ 12% per annum on the enhanced amount of compensation for the period mentioned in the said judgment.