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2022 Supreme(Raj) 2220

VINIT KUMAR MATHUR
Rajasthan State Mines And Minerals Ltd. – Appellant
Versus
Sitaram – Respondent


Advocates appeared:
Rajesh Joshi, Sr. Advocate, Devesh Purohit, Kamini Joshi and Suniel Purohit, Advocate, for the Appellant
Puneet Jain, Raj Kumar Pareek, Priya Pareek and Teja Ram Choudhary, Advocates, for the Respondents

JUDGMENT

Vinit Kumar Mathur, J. - Heard learned counsel for the parties.

2. The present writ petitions have been filed against the order dated 26.09.2019 passed by the District Judge Merta, Rajasthan in Execution Case Nos. 1/2011 and 2/2011.

3. Learned Senior counsel submits that while passing the order dated 26.09.2019, the learned trial court has committed an error while calculating the interest on the solatium amount awarded in the acquisition proceedings. Learned Senior counsel firstly, submits that the claimants are not entitled for any interest on the solatium amount. Secondly, he submits that the date of awarding the interest in the present case is taken as 07.11.1997, which is incorrect as actually the date on which the last Section 4 notification for acquisition of land published in the newspaper dated 23.05.1998 should have been taken into consideration. He, therefore, submits that the learned Executing Court has committed an error while calculating the amount in the present case.

4. Per contra, learned counsel appearing for the respondents submits that there is no error in the order passed by the learned District Judge on 26.09.2019 as the respondents-claimants are entitled

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