C. Lakshmmarayana Reddy v. Revenue Divisional Officer-cum-Land Acquisition Officer, Anantapur
2001-10-18
P.S.NARAYANA
body2001
DigiLaw.ai
P. S. NARAYANA, J. ( 1 ) HEARD Smt. A. Chaya Devi, the learned Counsel representing the revision petitioners in this batch of Civil Revision petitions and also the learned Government pleader for Land Acquisition. ( 2 ) IN this batch of Civil Revision petitions, the common short question which falls for consideration is whether the orders made by the Court below accepting the objection calculation memos filed by the government in effect disallowing certain of the amounts and benefits claimed by the revision petitioners-decree holders-claimants are in accordance with law and whether the impugned orders are sustainable in law. ( 3 ) AS far as the liability of the State to pay interest on solatium is concerned, it is no longer a vexed question. In Sunder v. Union of India, 2001 5 ALD 136 (SC) = 2001 (5) DT (SC) 191, the Apex Court held that the State is liable to pay interest on solatium and the person entitled to compensation awarded under the Land acquisition Act, 1894 (for short the Act ) is also entitled to get interest on the aggregate amount including solatium. Learned Counsel for the revision petitioners had drawn my attention to the respective calculation memos and also several objections relating to the object calculation memos filed by the government in this regard. The learned counsel also had contended that it is the aggregate amount which has to be taken into consideration and splitting up of the compensation into different components is not permissible. The learned Counsel, elaborating her submissions, had drawn my attention to Section 34 and also Section 23 of the Act and had also pointed out the relevant portions of the judgment of the apex Court, especially, paragraph No. 23 cited (supra ). Learned Counsel also had placed strong reliance on the following decisions reported in B. Ravinder Reddy v. Special Deputy Collector, Land Acquisition (Industries), AIR 1981 AP 381 , N. Chandramouleswara Reddy v. Special deputy Collector (Land Acquisition), 2001 (3) ALD 690 = 2001 (3) ALT 556 , S. Ranga reddy v. Land Acquisition Officer and others, 1998 (1) ALD 375 = 1998 (4) ALT 515 , periyar and Pareekanni Rubbers Ltd. v. State of Kerala, 1991 LACC (SC) 227 and o. A. K. Nachimuthu (dead) by Legal representatives and others v. Revenue divisional Officer, Erode, 2001 AIR SCW 2385.
( 4 ) THE learned Counsel also had contended that the executing Court is expected to execute the decree and the executing Court cannot go behind the decree and the learned Counsel had also drawn my attention to the decrees made in the batch of appeals and the said decrees read as follows:"this Court while allowing this Appeal and in modification of the decree of the Lower court both order and decree as follows:- 1. That, the amount of compensation of rs. 1,50,000/- per acre, as fixed by the lower Court be and hereby is reduced to rs. 1,40,000/- per acre, 2. That the Claimants shall be entitled for the statutory benefits as per law i. e. , under the Land Acquisition Act, 3. That the Appellants are directed to pay the compensation within three months from the date of this order if not already paid, 4. That save as aforesaid the decree of the lower Court do stand confirmed in all other respects and; 5. That there be no order as to costs in this appeal. " ( 5 ) THE learned Counsel also had contended that the matters are pending before the Land Acquisition Officer on the date when the Amendment Act 68 of 1984 came into force and though the revision petitioners- decree holders-claimants are entitled to several statutory benefits, the Government had filed wrong calculation memos thus depriving the revision petitioners to have all the benefits in accordance with law. ( 6 ) THE learned Government Pleader for Land Acquisition had contended that on the basis of the calculation memos and the objection calculation memos, the Court below had arrived at a correct conclusion only, except for the non-awarding of interest on solatium and the learned Counsel, no doubt, had fairly submitted that the revision petitioners are entitled to interest on aggregate amount including solatium in the light of the decision of the Apex Court in the judgment cited (supra ). The learned government Pleader strenuously contended that as far as the rest of the amounts are concerned, the object calculation memos already filed by the Government are in accordance with law and absolutely the government had not committed any mistake in calculating the respective amounts to which the revision petitioners are entitled to as per law.
The learned government Pleader strenuously contended that as far as the rest of the amounts are concerned, the object calculation memos already filed by the Government are in accordance with law and absolutely the government had not committed any mistake in calculating the respective amounts to which the revision petitioners are entitled to as per law. ( 7 ) AFTER heanng both the Counsel and also perusing the records available, I am satisfied that all this exercise relating to the mathematical calculations in these land acquisition proceedings cannot be undertaken by this revisional Court. However, in the light of several defects which have been pointed out by the learned Counsel for the revision petitioners in the objection calculation memo filed by the Government, i am of the considered opinion that in the interest of justice and also in the light of the apex Court decision reported 1 supra, the matters are to be remitted back to enable both the parties to file fresh calculation memos and on receipt of fresh calculation memos filed by both the parties, the Court below is directed to decide the matters afresh in accordance with law and in the light of the observations made above. In view of the foregoing discussion, the impugned orders are set aside and the matters are remitted back to the Court below for the purpose specified supra with a direction that the Court below shall entertain the respective calculation memos and dispose of these matters within a period of three months from the date of receipt of a copy of this order. ( 8 ) THE Civil Revision Petitions are allowed to the extent indicated above. No order as to costs.