K.M. Thaker, J.

1. Since last about 40 years the claimants (i.e. present respondents) in these group of petitions (wherein the Western Railway is the petitioner) are waiting for unpaid compensation in respect of acquisition of their lands.

1.1. In these group of petitions, learned Advocates for the petitioner and the respondents have, at the outset, jointly clarified that all petitions are similar and identical and the petitions have been preferred against a common order dated 6-5-2013 passed by the learned Executing Court in Land Acquisition Execution Petitions (Darkhast) and that the grounds raised by both sides in all petitions are similar and identical and they are prosecuted on similar and identical ground, and therefore, can be heard together and decided by common order. Learned Advocates for the petitioner-Railway and the respondent-claimants also jointly requested that the petitions may be decided finally at this (i.e. at admission stage) and the Hon'ble the Chief Justice also has passed order dated 15-4-2014.

1.2. Learned Advocates for the petitioner and the respondents have also made common submissions for all petitions. For the sake of convenience, learned Advocates for the petitioner and the respondents have referred to the record of Special Civil Application No. 12814 of 2013. Therefore, all petitions are decided by this common order and the record of Special Civil Application No. 12814 of 2013 is referred to and relied on.

1.3. These proceedings are against common order dated 6-5-2013 passed by learned Executing Court in Land Reference Darkhast No. 1 of 1997 and other connected Darkhast applications, whereby learned Executing Court has directed, inter alia, that:

"Hence, I come to the conclusion that there are no merits in the objections filed by the W.R. and are hereby rejected. The Darkhastdars in whose favour the warrants were issued are entitled to withdraw respective claim amounts with proportionate amount of interest that may have accrued on the fixed deposits issued by Indian Bank."

1.4. In the petition the petitioner has prayed, inter alia, that:

"(A) This Hon'ble Court be pleased to issue a writ of certiorari or any appropriate writ, order or directions by quashing and setting impugned judgment and order at Annexure-A dated 6-5-2013 passed by 3rd Addl. District Judge, Jamnagar in L.R. Darkhast No. 2 of 1997 and consequently, be pleased to hold and declared that Darkhastdar of said Darkhast is not entitled to withdraw the amount as ordered by Executing Court in impugned judgment at Annexure-A.

(B) This Hon'ble Court be pleased to hold and declare that Executing Court has failed to follow the procedure and rules of execution of decree as laid down in C.P.C. at the time of allowing the claim made by Darkhastdar in said Darkhast.

(C) This Hon'ble Court be pleased to hold and declare that impugned judgment and order at Annexure-A is contrary to the oral judgment dated 16-10-2008 delivered by this Hon'ble Court in this Hon'ble Court Spl.C.A. Nos. 5111 to 5122 of 2008 and to that extent, the entire base of calculation made by the claimants in the calculation sheet, more particularly claim made in Col. No. 10 and other columns are not in accordance with the law and the judgment delivered by this Hon'ble Court."

1.5. According to the claimants though the judgment in the First Appeals has attained finality but substantial part of the amount payable towards compensation along with interest, is still unpaid.

So as to consider the grievance raised by the petitioner-Railway, it is appropriate and necessary to take into account relevant facts in background of which the impugned order came to be passed and present petitions came to be filed.

1.6. The petitioner i.e. Western Railway acquired certain parcels of land in district Jamnagar, in 1972-1973.

1.7. For the said purpose Notifications under Sec.4 of the Land Acquisition Act (hereinafter referred to as "the Act") was issued on 5-7-1972 and Notification under Sec. 6 of the