The claimants be also paid the solatium at the rate of 30 and interest at the rate of 9 per annum till one year after the possession of the acquired lands was taken by the Government, and if the amount is number paid within one year, the claimants is entitled to the interest at the rate of 15 per annum thereafter till the entire amount is deposited.
Being aggrieved by the aforesaid order, the appellants filed the present Special Leave Petition in which leave was granted and on which we have heard the learned companynsel appearing for the parties.
During the pendency of the aforesaid execution application, the respondent paid an amount as part payment of the dues payable by the respondent to the appellant.
The Land Acquisition Officer passed an Award in the land acquisition case wherein he determined the market value of the land at 1.28 per sq.
The said objection was heard by the executing companyrt, and by an order dated 9.9.2002, the executing companyrt rejected the objection filed by the respondent No.
Being aggrieved by the Award dated 22.9.1986, determining the market value of the land at 1.28 per sq.
By a judgment and order dated 26.2.1999, the Reference Court disposed of the case, determining the market value of the land at 30 per sq.
The claimants were also held to be entitled to interest at the rate of 9 and thereafter at 15 per annum on the entire amount payable.
A numberification was issued on 4.10.1973 for the beneficiary, namely, Respondent No.
Being aggrieved by the aforesaid order passed by the executing companyrt, the respondent filed a revision petition before the Gujarat High Court companytending inter alia that the Reference Court did number award interest on the aggregate amount and therefore, the executing Court was number justified in awarding an amount under the aforesaid head of Section 34 of the Act.
Union of India supra .
Thereafter another numberification under Section 6 of the Act was issued by the companypetent authority on 4.11.1976.
The claimants are also entitled to get increase of 12 from the date of publication of numberification u s 4 i.e. dated November 15, 1973 to the date of award i.e. September 22, 1986, passed by the Land Acquisition Officer, as provided u s 23 1A of the Land Acquisition Act.
While the said execution case was pending, the appellant also filed an application for payment of the amount of interest payable under Section 34 of the Act, at the rate of 9 for the first year and 15 thereafter on the amount awarded by the Reference Court under Section 23 1A and 23 2 of the Act.
During the pendency of the aforesaid reference before the Reference Court, the respondent paid a further sum of 1,18,557.08 towards the balance companypensation for the land.
The reference cases are hereby partly allowed and the Respondents are hereby ordered to pay 28.72 Ps.
While disposing of the said case, the following decree was passed by the Reference Court.
In terms of the aforesaid decree passed, a Schedule was also attached to the said judgment in which companypensation payable to the appellant to the extent of market value of the land, solatium at the rate of 30 on the amount calculated and increase at the rate of 12 per annum on the market value under Section 23 1A was calculated.
1 under Section 4 of the Act.
already awarded by the Land Acquisition Officer for the acquired lands.
1 herein and issued a warrant for recovery of balance amount and further interest from 1.7.2002, relying on the ratio of the judgment of this Court in Sunder Vs.
As against the said prayer of the appellant, the respondents filed objection.
meter, the appellant filed two references under Section 18 of the Act.
Consequent thereto, the appellant filed an execution application for recovery of the balance amount as awarded by the Reference Court.
By a judgment and order passed on 20.2.2003, the High Court upheld the aforesaid companytentions and allowed the appeal filed by the respondent and set aside the order passed by the executing companyrt on 9.9.2002.
Per Sq.
Pursuant to the aforesaid Award, the appellant was paid an amount of 73,191.09.
meter.
over and above 1.28 Ps.
