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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.Sathish Kumar, J
Venkatesh – Appellant
Versus
District Collector – Respondent
ORDER :
The Civil Revision Petition Nos.1070, 1071 and 1072 and 2235 of 2024 are filed challenging the orders passed by the Principal Subordinate Court, (viz., Executing Court), in the Execution Petitions filed by the decree holders in the Land Acquisition Proceedings, whereby and whereupon, it is held that the amount deposited by the respondent-Government is proper and appropriation indicated in Form D is correct. Whereas, challenging the findings of the Executing Court in holding that the respondent-Government is liable to pay a sum of Rs.17,97,034/-, Rs.12,40,407/-, Rs.10,79,591/- and Rs.13,89,083 in E.P.Nos.199 of 2020, 8 of 2014, 212 of 2020 and 194 of 2020 respectively, C.RP.(NPD)Nos.284, 285, 287 and 288 of 2025 are filed by the respondent-judgment debtors.
2. As the issue involved in all these Revision Petitions are interconnected and the parties are one and the same, they were taken up together, heard and disposed of by this Common Order. However, for the sake of easy reference and understanding, the landowners shall be hereinafter referred to as 'decree holders' and the judgment debtors, viz., respondent-SIPCOT (State Industries Promotion Corporation of Tamil Nadu), the Lan
Government must appropriately calculate and pay interest on compensation amounts in accordance with established legal principles, prioritizing interest over principal in land acquisition cases.
The Executing Court must strictly follow the guidelines given by the Hon'ble Supreme Court and scrutinize the calculation memos in the light of the relevant legal provisions.
The adjustment of compensation amounts in land acquisition cases must adhere strictly to statutory provisions, particularly regarding the lawful taking of possession and the calculation of interest, ....
The Land Acquisition Officer cannot contest compensation calculations already adjudicated in previous litigation.
The judgment clarified the right of the judgment debtor to appropriate the amount deposited, even when there is a shortfall at a particular stage, and specified that the appropriation will be subject....
A defendant cannot seek relief against a plaintiff by filing a petition under Section 94(e) CPC unless there is a counterclaim or set off filed by the defendant in the suit.
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