The orders passed on 19-01-2003 in E.P. No.32 of 2003 in O.P. No.96 of 1988, E.P. No.33 of 2003 in O.P. No.244 of 1987 and E.P. No.40 of 2003 in O.P. No.210 of 1987 on the file of the Senior Civil Judge’s Court, Karimnagar led the Special Deputy Collector, Land Acquisition Officer concerned/judgment debtor to prefer these three civil revision petitions, which involve identical questions of fact and law and are, hence, being disposed of by this common order. The National Thermal Power Corporation Limited, the beneficiary of the acquisition, is the 2nd revision petitioner in C.R.P. Nos.741 and 743 of 2007.

When the compensation for the acquired lands was enhanced in O.P. No.96 of 1988, the Land Acquisition Officer filed A.S. No.705 of 2000 before the High Court, in which interim orders were passed in C.M.P. No.5720 of 2000 for payment of decreetal amount. Difference of enhanced compensation, interest and solatium at 30% on the enhanced compensation were deposited in E.P. No.20 of 1999 on 29-01-2000. Later the High Court dismissed the appeal and the cross-objections by the decree holder.

E.P. No.20 of 1999 was closed by the executing Court observing that the entire execution petition amount was deposited. The decree holder claimed in E.P. No.32 of 2003 Rs.55,038/- towards interest on solatium on the enhanced amount, which claim was resisted by the judgment debtor. Enhanced compensation and interest on solatium and additional market value were claimed as per the decree of the High Court, dated 27-12-2000 as per the judgment in Sundar v. Union of India AIR 2001 SC 3616 = (2001) 7 SCC 211. The executing Court considered the ratio of the decision to be applicable to the facts of the case and held the decree holder to be entitled to interest on solatium. Hence, the judgment debtor was directed to pay the execution petition amount together with interest accrued thereon within one month.

In O.P. No.244 of 1987 also, compensation for lands and sendhi trees was enhanced by the reference Court on 17-06-1996. The Land Acquisition Officer filed an appeal in A.S. No.153 of 2000 and as per the interim orders of the High Court in C.M.P. No.14982 of 1999, the judgment debtor deposited the difference of amount of enhanced compensation, interest thereon and solatium at 30% in E.P. No.3 of 2000. Later the High Court dismissed the appeal and allowed the cross-objections. E.P. No.3 of 2000 was closed by the executing Court observing that the entire execution petition amount was deposited. The claimants sought for interest on solatium in E.P. No.33 of 2003 and the executing Court observed that the execution petition was filed on the enhanced compensation as per the decree of the High Court, dated 27-12-2000 and interest on solatium and additional market value as perSundar v. Union of India (1 supra). Observing that Sundar’s case is clearly applicable to the facts, the executing Court directed the judgment debtor to pay the execution petition amount together with interest accrued thereon within one month.

In O.P. No.210 of 1987, the reference Court enhanced the compensation for lands and sendhi trees on 17-06-1996 and the judgment debtor preferred A.S. No.829 of 2000. The High Court ordered in C.M.P. No.15369 of 1999 payment of decreetal amount and the judgment debtor deposited the difference of enhanced compensation, interest thereon and solatium at 30% in E.P. No.2 of 2000 on 22-04-2000. The appeal was dismissed by the High Court and the cross-objections were allowed enhancing the compensation and E.P. No.2 of 2000 was closed by the executing Court stating that the entire execution petition amount was deposited. The decree holder filed E.P. No.1 of 2002 claiming interest on solatium, which was directed to be paid and the judgment debtor preferred C.R.P. No.3210 of 2002, which was dismissed. S.L.P. No.13117 of 2003 was dismissed on 04-08-2003 and then the judgment debtor deposited an amount of Rs.11,82,730/- only as against Rs.17,22,841/-cl