STATE OF JHARKHAND, Vs. KRISHNA MAHTO

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 30.05.2014 passed in Execution Case No. 02 of 1995, is under challenge, whereby and whereunder, the petitioner-State of Jharkhand being aggrieved with the calculation of the awarded amount by the Executing Court, is before this Court.

(2.) The brief facts of the case of the petitioner as per the pleading made in this writ petition is that the land in question has been notified for acquisition of construction of Balumath Murpa-Lapra Road under Section 4 of the Land Acquisition Act, 1894, the land has been acquired in the year 1976 but the land acquisition proceeding was dropped on 03.11.1976 in view of the amendment incorporated in the Land Acquisition Act, 1894, let the sole respondent to approach before this Court for filing the C.W.J.C. No. 2040 of 1990 against the respondent-State and Ors. which was disposed of on 10.01.1991 directing the respondent to file a petition under Section 48 of the Land Acquisition Act and accordingly, the petition was filed for compensation in the Court of Sub Judge-I at Daltonganj being registered as L.A. Case No. 9 of 1991, which was decided by coming to the conclusive finding about the rate of compensation at the rate of Rs. 6500/- per decimal, the house has been valued at the rate of Rs. 17,632/-, the well and tress Rs. 1000/- and loss of crop Rs. 15000/- per year since 1976 till the date of order dated 31.08.1994, besides the above, the court has allowed the solatium to the tune of 30 per cent as provided under Section 23(2) of the Land Acquisition Act with interest at the rate of 12 per cent per annum out of the amount of excess compensation has been decided to be paid which comes to Rs. 7,91,871.60/-.

(3.) The petitioner-State of Jharkhand has preferred an appeal against the aforesaid award being First Appeal No. 145 of 1995 (R) which was disposed of vide judgment dated 16.01.2014 and declined to interfere with the same and during the pendency of the appeal an the execution case has been filed being Execution Case No. 2 of 1995 for recovery of the awarded amount which has been objected by the petitioner-State of Jharkhand by filing rejoinder about the wrong calculation of the amount of interest but the Executing Court has rejected the said objection and proceeded with the execution proceeding vide order dated 30.05.2014 which is assailed in this writ petition, inter-alia on the ground that the Executing Court has deviated from the awarded amount as per the decree/award passed on 21.09.1994 to the effect that "a sum of Rs. 10,00,000/- has already been paid as on 01.02.1999 and the total awarded amount decided to be paid by way of compensation as Rs. 07,91,871.60/- along with the interest at the rate of 12 per cent per annum which comes to Rs. 18,05467.20/-, grand total comes to Rs. 25,97,338.80/- and according to the petitioner-State of Jharkhand, the respondent is only entitled to get the amount of interest upon the principal amount of compensation i.e., upon the amount of Rs. 07,91,871.60/-, in terms of the stipulation made in the award by directing to make payment of interest at the rate of 12 per cent per annum till the date of realization but the Executing Court has not appreciated the aforesaid aspect of the matter rather calculated the over interest upon the amount accrued on the basis of 12 per cent per annum interest by calculating it to the tune of Rs. 18,05467.20/- and hence, it is nothing but a case of double interest i.e., interest upon interest and hence, is not sustainable in the eye of Law, therefore, the present writ petition.