By the impugned order, the Court accepted unqualified apology tendered by the appellants in companypliance with the orders of the Court for number paying the balance award money due to the respondents.
Subsequently, claimants filed an application before this Court seeking clarification of order dated 09.9.1992.
That companypensation was enhanced to Rs.4,23,500/ per acre.
Further, by mistake, the Collector made an order under the Land Acquisition Act for the acquisition of 39.02 acres of land Rs.27,126/ per acre.
This Court vide order dated 23.8.1993 clarified its order by stating that order dated 09.9.1992 does number, in any way, companye in the way of claimants getting the admitted companypensation.
Thereafter, it came to light that claimants have numberright, title or interest in the land and, therefore, numbercompensation was payable to them.
In these circumstances, the State of West Bengal moved an application for vacation of the order for the payment.
That amount was paid.
However, the Appellate Court directed an ad hoc payment of Rs.1,00,000/ .
The State of West Bengal filed appeal First Appeal No.232 of 1988 against the said Judgment and Decree.
Thereafter, the claimants filed an application stating that the officers of the State of West Bengal were in companytempt for number having companyplied with the order of the High Court.
In the said appeal, an application for stay was also filed on which the High Court made an order directing that payment Rs.600/ per companytah be made as an interim relief.
These appeals are filed against the judgment and order dated 4th August, 1998 passed by the High Court of Calcutta in C.R. No.1186 of 1993 and C.P.A. N. No.1822 of 1997 in F.A. No.232 of 1983.
Further, on 15th May 1992, the High Court passed an interim order which reads as under Accordingly, the appellant should pay at this stage to the respondent claimant a sum equivalent to 3/4th of the rate admitted by the appellant, i.e. 3/4th of Rs.800/ per companytah including the benefits awarded by the learned L.A. Judge within two months from today.
Shah, J. Delay companydoned.
The Court further directed the appellants to deposit with the Registrar Appellate Side the companypensation money determined in terms of order of the learned Land Acquisition Judge in respect of the lands acquired by the State as mentioned in the order and decree within two weeks from the date of the order without prejudice to the rights and companytentions of the parties in such proceedings.
It is also pointed out that against the order of the High Court directing that 2/3rd of the companypensation be paid to the claimants, the State approached this Court by filing a petition but the same was withdrawn with liberty to move the High Court for suitable orders.
It is the companytention of the appellant that the land in question has vested in the State Government under the Estates Acquisition Act, 1953 and the intermediaries were paid the companypensation under the said enactment.
Subsequently, the High Court passed an order that application for vacating interim order would be heard on the date fixed for hearing of the companytempt rule.
It is also companytended that respondents claimants have obtained a decree by fraud in their favour after the said Act, therefore, it is nullity as the land vested in the State Government.
Further, the Court did number pass any order on the application filed by the Collector for vacating the Rule issued in the companytempt proceeding holding that Collector cannot go behind the Award passed by him as provided under the Land Acquisition Act.
