V. M. SAHAI, J.

( 1. ) WE have heard Mr. Y. N. Ravani, learned Counsel for the petitioner in Special Civil Application No. 7621 of 2011 and Mr. J. M. Patel, learned Counsel appearing for respondent No. 2 in Special | Civil Application No. 7621 of 2011, who is appearing for petitioner in Special Civil Application No. 8598 of 2011 wherein Mr. Ravani, learned Advocate appearing for respondent No. 1.

( 2. ) WE do not propose to issue Notice to respondent No. 1.

( 3. ) SINCE, the controversy involved in both the writ petitions is against the same judgment, we have taken up writ petition i.e. Special Civil Application No. 7621 of 2011 to be the leading writ petition. Both the writ petitions are taken up for final disposal.

( 4. ) BRIEF facts of the case are that Notification under Sec. 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on 30-8-1973. The land was acquired for the purpose of Housing Board for construction of Railway Colonies. The award was made by the Collector on 19-2-1986 and compensation @ 0-85 paise per sq.ft. was awarded by the Special Land Acquisition Officer, Vadodara. 4.1. The respondents-claimants preferred Reference under Sec. 18 of the Act being Reference Case Nos. 78 to 107 of 1998 before the District Court at Vadodara. The learned Extra Assistant Judge, Vadodara decided the Reference on 18-3-1995 and enhanced the compensation to Rs. 5-50 per sq.ft. as additional amount of compensation. 4.2. Against the judgment of learned Extra Assistant Judge, Vadodara the First Appeals were filed before this Hon'ble Court and Division Bench of this Court decided appeals as well .as Cross Appeals on 25-4-2006 and enhanced the compensation to Rs. 8-15 per sq.ft. 4.3. Against the judgment of Division Bench, the present petitioners i.e. Gujarat Housing Board filed Special Leave to Appeal on 9-2-2007. The claimants also filed S.L.P. before the Hon'ble Apex Court but subsequently withdrew their S.L.P. The Apex Court by its order dated 9-2-2007 directed the Gujarat Housing Board to deposit entire amount in the High Court, and thereafter, another order was passed on 29-3-2007 by which the Registry was directed to deposit the amount in term deposit so that it may earn interest. 4.4. In compliance of the order of the Hon'ble Apex Court, Division Bench of this Court vide order dated 3-4-2007 passed an order directing an amount of Rs. 12,80,54,066/- to be deposited in Fixed Deposit in a Nationalized Bank. Amount was deposited in Nationalized Bank. On 8-10- 2007, the Hon'ble Apex Court permitted each of the claimant to withdraw Rs. 1 lac without furnishing any security, but only 18 claimants withdrew the amount of Rs. 1 lac. However, S.L.P. was finally dismissed by the Hon'ble Apex Court on 1-12-2010. Copy of the judgment of the Hon'ble Apex Court has been filed as Annexure-H to this writ petition.

( 5. ) MR. Ravani, learned Counsel for the appellant has urged that the compensation amount of the land acquired by Special Land Acquisition Officer was erroneously calculated by Gujarat Housing Board and excessive calculation was made by Gujarat Housing Board which is ought required to be reduced, and therefore, compensation proportionately was reduced and interest liability was also reduced. To that effect the Execution Court has allowed the application of the Gujarat Housing Board. In another petition, Counsel for the claimant has challenged the reduction of area of the land in execution proceedings as well as amount of compensation and interest on the ground that since the award has become final upto the stage of Apex Court, it is not open to Execution Court to reopen the award and reduce the amount or amount of compensation or the interest.

( 6. ) MR. Ravani, has urged that the Gujarat Housing Board has deposited total amount of Rs. 14,80,87,933-94 ps. and total principal amount of compensation of Rs. 6,37,56,286/- and the Board has deposited interest upto 15th March, @ 9% which is Rs. 6,42,97,780/- total o