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2005 Supreme(AP) 587
Andhra Pradesh High Court
Judges : C.V.RAMULU
A.P.S.R.T.C. - Appellant
Versus
Revenue Divisional Officer-curn-Land - Respondent
Decided On : 07-05-05
Headnote:
Land Acquisition Act, 1894 –Sections 4 (1), 54,18 –Constitution of India –Articles 227, 226 –Locus standi – learned counsel for the petitioner, strenuously contended that apsrtc being a beneficiary is an interested party and can question any order passed, which casts financial burden on it, whether it was a party in the proceedings before the executing Court or not –The learned counsel submitted that the doors of this Court cannot be shut down for a beneficiary, who is saddled with financial liability in the guise of locus standi and for the reason that the beneficiary was not a party to the proceedings before the executing Court and he was sufficiently represented through the Land Acquisition officer –Held, Court hold that the claimants are entitled to the benefits and the interest awarded by the lower Court at the rate of 9% for one year and thereafter at 15% per annum is not maintainable, but they are entitled to the interest as per the Madras act at the rate of 4% per annum only – In view of the above, there cannot be any second opinion that the Court below has committed an error of law apparent on the face of the record in applying the law for the purpose of calculating interest apart from calculating interest on interest – Civil Revision Petitions allowed
( 2 ) FEW facts, which are relevant for the purpose of deciding these revisions, are to be noted as under: that an extent of Ac. 2. 38 gts. of land in survey Nos. 28 to 30 of Adilabad town was acquired for the purpose of locating Andhra pradesh State Road Transport Corporation bus station through a notification issued under section 4 (1) of the Land Acquisition Act, 1894 (for short the Act ), which was published in the official gazette on 3-11-1977. The land Acquisition Officer passed an Award fixing the market value of the acquired land at rs. 12. 37 ps. per square yard by an Award dated 26-9-79. The claimant-respondents being dissatisfied with the Award passed by the Land Acquisition Officer, sought for reference under Section 18 of the Act and the same was referred to the competent civil court i. e. Additional District Judge s Court, adilabad, which had taken up the same on file in O. P. No. 759 of 1980 and batch. The reference Court enhanced the compensation as fixed by the Land Acquisition Officer from rs. 12. 37 ps. per square yard to Rs. 50/- per square yard. Aggrieved by the same, the claimants as well as the Land Acquisition officer filed appeals before this Court under section 54 of the Act. The appeals filed by the Land Acquisition Officer were allowed and the compensation was reduced to rs. 30/-per square yard, whereas the appeals filed by the claimants were dismissed. However, on filing the Letters Patent Appeals by theclaimants, the Judgment of the learned single Judge in the appeals was reversed and the Award passed by the reference Court was confirmed. Thus, the claimants are entitled for the market value for the acquired lands at Rs. 50/- per square yard with all statutory benefits.
( 3 ) IN pursuance of the Award passed by the Land Acquisition Officer dated 26-9-79 an amount of Rs. 60,000/- was paid. Further, an amount of Rs. 2,21,752/- was deposited on 21-8-1985, as the Award passed by the reference Court has attained finality in the lpas before this Court.
( 4 ) THERE is no dispute as to depositing of amount towards the market value of the land and 30% solatium. The only dispute that arose between the parties i. e. the Land acquisition Officer and the claimants was as to proper calculation of interest payable on compensation and 30% solatium. The amounts as awarded by the Land Acquisition officer and the Courts have been deposited by the beneficiary-APSRTC (petitioner herein) as and when it was demanded by the land Acquisition Officer. In fact, E. P. No. 7 of 1998 and batch in O. P. No. 759 of 1980 and batch were filed before the learned Senior civil Judge, Adilabad seeking difference of the interest amount payable to them. Calculation Memos were filed both by the claimants as well as the Land Acquisition officer. After examining those memos, the executing Court directed the Land Acquisition officer to deposit a sum of Rs. 7,79,099. 81 ps. on or before 25-9-2003 by its Order dated 28-8-2003 in E. P. No. 7 of 1998 in O. P. No. 759 of 1980. In respect of other E. Ps. in other O. Ps. also similar calculations were accepted and the amounts claimed were directed to be paid. Aggrieved by the same, the Land Acquisition Officer has not preferred any revision and the beneficiary-APSRTC, which was not a party to the proceeding, though, admittedly, an interested party has questioned the orders passed in the E. Ps. , in these revisions on the ground that the calculation memos filed by the claimants were not proper and the Land Acquisition officer also could not guide the Executing court properly.
( 5 ) DETAILED counter affidavits were filed by the respondent-claimants in the respective civil Revision Petitions denying the allegations made by the petitioner and asserting that the revision petitioner has no locus standito question the calculation made by the Executing Court
