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Executive Engineer TLSC vs Jagdish Kumar and Others

High Court Of Himachal Pradesh · Decided on 30 June 2011 · Citation: (2011) 06 SHI CK 0203

HON’BLE JUDGES
Deepak Gupta, J
CASE NUMBER
CMPMO No. 152 of 2011
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Judgment

3 paragraphs · 349 words

Deepak Gupta, J.—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 u/s 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 u/s 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.

3.

On the second aspect of the matter, if the date of taking possession is earlier in point of time, it will be open to the claimants - Respondents to establish their claim for use and occupation of the land before the learned Reference Court for which purpose, the claimants- Respondents as well as the Petitioner herein would be free to adduce evidence in accordance with law. It is clarified that no other evidence except that which is necessary for determination of compensation for use of the land and deprivation of its use by the claimants by the Petitioner herein prior to notification u/s 4 of the Act will be allowed. As and when such application is moved before the learned Reference Court, it shall be determined in accordance with law. The petition is disposed of with these directions. Interim order is vacated. All pending application(s) shall stand disposed of. There shall be no order as to costs.