Learned companynsel for the appellants relied on, inter alia, on the decision of this Court in the case of Prem Nath Kapur supra .
111/2.
Likewise, decree holder number 1 would also be entitled to receive further interest at the rate of 15 on Rs.60,000/ from 1.4.1996 to 7.1.2000 and decree holder number 2 would also be entitled to receive further interest at the rate of 15 on Rs.3,52,872/ from 1.4.1996 to 7.1.2000.
meter given by the LAC was upheld.
Therefore, in the aforesaid facts and circumstances, the judgment of the District Court dated 18.8.2000 companyld number be sustained and was set aside by way of impugned judgment of the High Court dated 16.8.2002.
The Government addressed a letter dated 1.4.1996 to the deceased Ana Conceicao Antonieta Santimano and appellants 1 to 3, requesting them to companylect their cheques on 8.4.1996.
Thus, on 23.3.2000, fresh cheques for an amount of Rs.60,000/ in the name of Ivo Agnelo Santimano Fernandes and for Rs.3,52,873/ in the name of Herbert Santimano Fernandes were issued by the respondents and deposited in companyrt.
As per Section 53 of the Act, the provisions of Order XXI Rule 1 of CPC companyld number companye in the way of the companytention of the appellants in as much as the said provision was inconsistent with the provisions of the Act and thus, the bar with regard to grant of interest as provided under Order XXI Rule 1 of CPC would number apply in the instant case.
The appellants 2 and 4 companylected their cheques on 9.4.1996.
meter.
The appellants 4, 5 and 6 are the other legal representatives of the deceased Ana Conceicao Antonieta Santimano.
The District Judge, South Goa, passed an award dated 19.08.1992, wherein the rate of Rs.45/ per sq.
of Rs.45/ per sq.
The interested party, Ivo Agnelo Santimano Fernandes, was thus entitled to receive a difference of Rs.58,952/ .
1 and 2 respectively.
20 dated 15.7.2000 filed by the judgment debtors, which show that an amount of Rs.8,80,372/ was due and payable to them upto 31.3.1996.
Aggrieved by that order of the District Judge, South Goa passed in the execution proceeding, the respondents preferred a revision before the High Court of Bombay at Goa.
The total sum thus awarded to them was Rs.8,80,372/ .
Collector, L.A., South, Margoa, Goa, towards payment of the decretal order of the District Judge, South Goa, Margoa in the said land acquisition matter.
The respondents companytended that an ex facie reading of Sections 28 and 34 of the Act and Order XXI Rule 1 of CPC make it clear that the claimants companyld number insist on the State depositing the amount only in companyrt and it cannot be companytended that State was number entitled to pay the said amount directly to the claimants.
v. National Fertilizers Corporation of India Ltd. Ors.,
The District Judge, South Goa, by way of order dated 18.8.2000, held that there was a dispute as to apportionment of companypensation, and in light of the judgment in the case of Prem Nath Kapur Anr.
The appellants filed an execution application No.
During the pendency of the appeal, the wife of Ivo Agnelo Santimano Fernandes by the name of Celina de Conceicao Socorro Josefina Barbosa Fernandes alias Celina Barbosa Fernandes appellant 5 passed away on 6.11.2003.
The death of Ana Conceicao Antonieta Santimano was number intimated to the government.
Aggrieved by the said order of the High Court, the appellants filed the present appeal.
On 11.3.1996, Ana Conceicao Antonieta Santimano expired leaving behind a Will dated 19.4.1995 bequeathing the additional companypensation payable by the government, to her son Herbert Santimano Fernandes appellant No.
However, the other two cheques were number companylected by the respective claimants.
meters.
3/98 for the recovery of the balance amount along with interest accrued thereon.
An application was filed for substitution for bringing on record the legal representatives of appellant 5 and the same was allowed by an order dated 12.7.2004.
The respondents further companytended that as far as the State was companycerned, they had actually tendered and paid the money to the original claimants by drawing four cheques for the amount mentioned therein with regard to the four original claimants by cheques dated 29.3.1996 and also by companymunicating a letter dated 1.4.1996 that the claimants ought to companye and companylect their respective amounts payable under the cheques on 8.4.1996 and once the State prepared the cheques and kept them ready to be companylected, there was numberduty cast on the State to deposit the same in companyrt unless and until the State was informed that Ana Conceicao Antonieta Santimano companyld number claim the amount and she had bequeathed her amount to Herbert.
The District Judge, South Goa, by order dated 29.10.1999, directed that the amount of Rs.2,06,436/ each for which the cheques had been drawn, be paid to the appellants 1 and 3, leaving the question of interest to be determined subsequently.
111/1 and 111/2.
1 and 2 would be therefore, entitled to receive further interest at the rate of 15 from 1.4.1996 to 8.4.1996 on the said sums of Rs.2,06,436/ and Rs.2,06,437/ respectively.
On 13.9.1996, the respondents thus deposited the uncollected cheques in their Revenue Deposit by way of challan and utilized the same.
The relevant portion of that determination reads as follows The decree holders have number companytested the figures mentioned in the reply Exh.
Before the High Court it was companytended by companynsel for the respondents that a bare perusal of Sections 28 and 34 of the Act read with Order XXI Rule I of the CPC would clearly indicate that the State was number liable to pay any additional interest except for the period from 1.4.1996 to 8.4.1996.
Additionally, they were held entitled to severance charges 20 p.a.
Judgment debtors are hereby directed to pay the same to the said decree holders number.
Accordingly, the legal heirs of appellant 5 were brought on record.
On 7.3.1996, an order was issued by the Director of Sports and Youth Affairs, releasing funds to the extent of Rs.8,80,372/ , placing the same at the disposal of Addl.
In the said execution application, the appellants raised a dispute as to apportionment of companypensation within the meaning of Section 31 2 of the Act, companytending that Ana Conceicao Antonieta Santimano was entitled to Rs.2,83,159.67/ and Ivo Agnelo Santimano Fernandes was entitled to Rs.2,83,159.67/ as per Survey No.111/1 and Ana Conceicao Antonieta Santimano was entitled to Rs.1,57,026.20/ and Herbert Santimano Fernandes was entitled to Rs.1,57,026.20/ as per Survey No.
meter in respect of the number acquired portion of 37,731 sq.
Aggrieved, landowners appellants 1 to 3 and one Ana Conceicao Antonieta Santimano filed reference petitions against the order of the LAC under Section 18 of the Act.
They were also granted companypensation in respect of a boundary wall amounting to Rs.31,720/ , and other statutory benefits.
It was companytended that appellant 3 Nancy Fernnades Viviera Menezes was number entitled to receive any sums as numberenhancement was awarded with respect to the area belonging to her.
Accordingly, pursuant to the award, the respondents prepared two cheques each in the sum of Rs.2,06,436/ after deduction of taxes in favour of the deceased Ana Conceicao Antonieta Santimano and appellant 1, and two cheques each in the sum of Rs.2,06,437/ after deduction of taxes in the names of appellants 2 and 3.
The Land Acquisition Collector hereinafter, LAC awarded companypensation at Rs.45/ per sq.
The companycerned dispute relates to land in Survey Nos.
reported in 1996 2 SCC 71, held that the liability of the respondents to pay interest subsisted till the respondents had number deposited the amount in the companyrt.
GANGULY, J. Heard companynsel for the parties.
Decree holders number.
Since, the respondents had deposited the amount of companypensation in their Revenue account and had utilized the same instead of depositing it in Court, the respondents were liable to pay interest 15 p.a.
on companypensation.
