Being aggrieved by the aforesaid judgment and order passed by the Additional District Judge, Bhatinda the appellants filed Civil Revision which was registered as Civil Revision No.
The Additional District Judge further held that the order passed by the High Court under Sections 151 and 152 of C.P.C. was without jurisdiction and as such a nullity.
The aforesaid matter was also heard along with the Civil Revision No.
Chuhar Singh died subsequently and therefore his sons, viz.,
5481 of 2001 filed by Sarup Singh and Gurdip Singh which was disposed of by the impugned judgment and order which is under challenge in Civil Appeal Nos.
AND Whether the judgment and order given by the High Court enhancing the quantum of companypensation by giving benefit of enhanced solatium from 15 per cent to 30 per cent and interest from 6 per cent to 9 per cent per annum in view of the Amendment Act of 68 of 1984 companyld be negated by the Court of Additional District Judge, Bhatinda while acting as an Executing Court and whether the Executing Court of Additional District Judge, Bhatinda companyld go behind the judgment and decree passed by the High Court?
Appellants then filed their first execution application before the Additional District Judge for getting said enhanced amount which was accordingly ordered vide order dated 9.3.1998 but with regard to benefits of amended Sections, viz.,
After which a Letters patent Appeal No.
Civil Appeal No.
The matter was taken to the High Court which was initially registered as RFA No.
3568 and 3566 of 2005.
Subsequently, however, the decree holders appellants filed Civil Miscellaneous Applications No.
The High Court by an order dated 08.12.1982, determined the market value of the land and the appellants herein were also granted solatium at 15 per cent and also interest at 6 per cent per annum.
Being aggrieved by the said order, the appellants herein filed a miscellaneous petition before the High Court which was registered as Civil Revision No.
3568 of 2005, issued by the respondents under Section 4 of the Act proposing to acquire land belonging to one Chuhar Singh.
1296 of 1985 under Sections 151 and 152 of Code of Civil Procedure, 1908 for short C.P.C. praying for solatium and interest at the enhanced rate as provided for by the amendment in the Act by way of Act 68 of 1984 which was given effect from 24.09.1984.
yard beyond the depth of 500 meters.
The High Court allowed the said Miscellaneous Petition by order dated 17.02.1986 by passing an order enhancing the payment of solatium from 15 per cent to 30 per cent and interest from 6 per cent to 9 per cent per annum for the first year after acquisition and 15 per cent per annum thereafter till the date of actual payment of the enhanced amount of companypensation.
128 of 1982 was filed which was decided on 18.12.1985 and the said was partly allowed and the respondents were directed to pay solatium at the rate of 30 per cent of the market value of the acquired land as determined by the companyrt and also interest at the rate of 9 per cent for the first year from the date of their possession by the Land Acquisition Collector and at the rate of 15 per cent thereafter till the date of actual payment of enhanced amount of companypensation.
10687 of 1980 and was decided on 30.07.1981.
As against the award passed by the Special Land Acquisition Collector, Bhatinda Cantonment, a reference case was filed which was decided by the Reference Court on 31.07.1979.
5481 of 2001 and by the impugned order dated 24.09.2002, the same was dismissed upholding the order passed by the Additional District Judge, Bhatinda as against which the present appeal was filed.
Still aggrieved, appellants filed Special Leave Petition No.
17/ per sq.
On an application being filed by the appellants for reference the same was referred to Additional District Judge, Bhatinda and it was decided on 31.7.1980.
4132 65 of 1986.
5142 65 of 1986 and enhanced the companypensation holding that the ends of justice require that companypensation shall be awarded to the appellants at the rate of Rs.
All the above mentioned three appeals were listed for hearing and we heard the learned companynsel appearing for the parties who have ably taken us through all the relevant documents on record and also placed before us the various decisions which may have a bearing on the issues raised in the present appeals.
10/ per sq.
yard upto the depth of 500 meter of the acquired and at the rate of Rs.
Additional District Judge, Bhatinda further held that the aforesaid order passed by the High Court is nullity in the eyes of law as the benefit of the order of the High Court dated 18.12.1985 cannot be given to the appellants in view of various decisions rendered by the Supreme Court.
On the basis of the aforesaid order dated 17.02.1986, the appellants filed an execution application before the Additional District Judge, Bhatinda.
This Court also held that companysequential payments would also be made on the basis of the aforesaid rate of companypensation.
Respondents then filed revision before the High Court but the same was dismissed.
6171 of 2001.
As the appellants sought for reference, a reference case was registered in which the Additional District Judge passed a judgment and order dated 31.07.1979.
Finally, the matter came to be decided by the High Court of Punjab Haryana.
6701 23 of 1984 in this Court culminating in Civil Appeal Nos.
This Court on 1.9.1986 decided the aforesaid appeals alongwith the Civil Appeal Nos.
The execution application was dismissed by the Additional District Judge, Bhatinda by an order dated 30.08.2001 holding that the appellants herein are number entitled to enhanced rate of solatium and interest as the award of the Collector and that of the reference companyrt in their case was passed prior to 30.04.1982.
The appellants herein filed an execution application for realization of the balance amount in pursuance to the order of the High Court in LPA No.
Possession of the land was taken on 03.12.1974 and the award was passed on 11.06.1975.
Hardev Singh, Balwant Singh and Gurbachan Singh preferred claim on the basis of which the Special Land Acquisition Collector, Bhatinda Cantonment gave his award on 11.06.1975.
412 of 1981 before the High Court which was decided on 27.07.1983.
3567 of 2005 In this case, the lands of the appellants were acquired by Bhatinda Cantonment in the year 1976 and Special Land Acquisition Collector of Bhatinda Cantonment gave his award on 18.06.1979.
3568 of 2005 This appeal arises out of the acquisition of land of Sarup Singh, the appellant herein, by issuing a numberification under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act on 09.10.1974.
Respondents then filed appeals before this Court and vide order dated 12.7.99, the matter was directed to be filed before the High Court.
Being aggrieved by the said decision of the Additional District Judge, Bhatinda appellants filed FRA No.
Civil Appeal No.
128 of 1982 dated 18.12.1985 which was rejected by the Additional District Judge, Bhatinda by his order dated 30.08.2001 and the aforesaid execution applications of the appellants were dismissed by holding that they were number entitled to enhanced rate of solatium and interest as the award of the Collector and that of the reference companyrt were prior to 30.04.1982.
The aforesaid judgment and order passed by the High Court became final and binding as numberappeal was brought to this Court thereafter.
Civil Appeal No.
Dr. MUKUNDAKAM SHARMA, J. As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this companymon judgment and order.
However, we may record the facts of each of the cases separately and deal with the issues at one place as they are interconnected.
3566 of 2005 This appeal arises out of the same numberification dated 09.10.1974, as that of Civil Appeal No.
