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2017 Supreme(J&K) 1098

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJEEV KUMAR, J.
Union of India - Appellant
Versus
Raj Kumar Raman Dev Singh and Ors. - Respondents
CREV No. 8 of 2012 and MP No. 07 of 2012
Decided On : 30-12-2017

Advocates:
Advocate Appeared:
For the Appellant : R.S. Jamwal, Sr. Panel Counsel
For the Respondents:A.P. Singh, Advocate

Headnote:

State Land Acquisition Act - Sections 11, 18 and 16 - Entire awarded amount except - Compensation was enhanced - Respondents seeking recovery - This is a revision petition by Union of India directed against the order passed by learned Principal District Judge in execution petition titled whereby learned Principal District Judge, Jammu has directed attachment of head of Union of India through Defence Estate Officer, Northern Command, C/o 56 APO and has further directed State Bank of India having accounts maintained by petitioner for depositing a sum - Before adverting to grounds of challenge taken revision be appropriate to take note of facts leading up to filing of instant revision petition - Union of India requisitioned and thereafter, acquired land measuring 180 kanals 11 marlas and building constructed thereupon in District Poonch – Held, Division Bench if not assailed further successfully, would be binding on the parties - Otherwise also expressions obiter dictum or obiter dicta, ratio decidendi and stare decisis are expressions relatable to precedential value of judgment cannot be pressed into service to avoid findings of fact recorded therein - No execution application would lie once award is found to have been fully satisfied - So long as judgment of Division Bench stands, none of parties can be permitted to come out of it or avoid it on any ground whatsoever except in manner known to law - Revision petition is allowed

JUDGMENT :

Sanjeev Kumar, J.

1. This is a revision petition by Union of India directed against the order dated 07.01.2012 passed by the learned Principal District Judge, Jammu in execution petition titled Raj Kumar Raman Dev Singh and ors. v. Union of India whereby the learned Principal District Judge, Jammu has directed the attachment of head of Union of India through Defence Estate Officer, Northern Command, C/o 56 APO and has further directed State Bank of India having accounts maintained by the petitioner for depositing a sum of Rs. 53,18,488/- on or before 30.01.2012.

2. Before adverting to the grounds of challenge taken in this revision petition, it would be appropriate to take note of the facts leading up to the filing of the instant revision petition. The Union of India requisitioned and thereafter, acquired land measuring 180 kanals 11 marlas and building constructed thereupon in District Poonch. The Deputy Commissioner (District Collector), Poonch passed a final award under Section 11 of the State Land Acquisition Act. On 16.07.1996, the District Collector awarded compensation @ Rs. 46,000/- per kanal and Rs. 91,64,943/- as cost of building along with Solatium @ 15%. Additionally, a sum of Rs. 80,322/- was also awarded as cost of trees that had come under acquisition. The petitioner deposited the entire awarded amount except the cost of trees in the month of November, 1996 itself. The aforesaid amount, as contended, was immediately withdrawn by the respondents.

3. The respondents, however, were not satisfied with the amount awarded and therefore, sought reference to the learned District Judge, Poonch in terms of Section 18 of the State Land Acquisition Act. The Collector, accordingly, made the reference to the learned District Judge, Poonch. The reference was decided vide award dated 31.05.1999 and the learned District Judge enhanced the rate of compensation by providing that the compensation for land would be Rs. 1,10,000/- per kanal and for building, it would be Rs. 1,13,22,427/-. For the trees also, the compensation was enhanced from Rs. 80,322/- to Rs. 4,00,000/-. The amount was directed to be paid along with solatium @ 15%. Aggrieved, both the parties to the reference filed appeals before this Court and this Court vide its judgment dated 31.05.2002, dismissed the appeal filed by the petitioner and allowed the appeal filed by the respondents and the compensation for the building was further enhanced to Rs. 1,52,86,000/- and the compensation on account of trees was also marginally enhanced to Rs. 88,000/-. However, the compensation payable for the land as determined by the Principal District Judge was upheld. Somewhere in October, 2002, an execution petition was filed before this Court by the respondents seeking recovery of the balance amount of Rs. 3,500,2624/-. It was during the pendency of the aforesaid execution petition, the petitioner deposited an amount of Rs. 2,70,49,377/- through a cheque and the same was also released in favour of the respondents pending finalization of the execution petition. The execution petition was finally adjudicated and this Court vide its order dated 10.06.2004 ordered that the interest in terms of Land Acquisition Act on the awarded amount including solatium would be payable from the date of the award i.e., 16.07.1996. It was also observed that the aforesaid amount would become payable after giving credit of the amount of the award which had already been deposited by the Union of India. With regard to payment of rental compensation which had been received by the respondents up to 06.01.1997, this Court clarified that such amount paid after passing of the award as rental compensation by the petitioner would be appropriated towards interest component to be paid on the balance awarded amount as worked out and calculated by the decree holders in their application. Finally, it was directed that the amount payable i.e. awarded amount with interest would be deposited by the petitioner with

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