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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Narsing Rao Nandikonda
General Manager, Karimnagar Dist – Appellant
Versus
T.Prabhakar Rao, Karimnagar Dist – Respondent
ORDER :
Narsing Rao Nandikonda, J.
This Civil Revision Petition is filed by the revision petitioner/JDR-2 under Section 115 of Code of Civil Procedure, 1908, being aggrieved by the order passed by the learned Senior Civil Judge, Peddapalli, in E.P.No.22 of 2010 in E.P.No.46 of 2001 in O.P.No.18 of 1989.
2. Heard Sri Vedula Venkata Ramana, learned Senior Counsel representing Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited and Sri P.V.Srinivasa Rao, learned counsel for the respondents/decree holders representing M/s Bharadwaj Associates.
3. The main grievance of the revision petitioner before this Court is that the learned trial Court erred in allowing the decree holder to re-open the calculation of amounts and adjusting the amounts already paid from the date of taking possession of the land, whereas in this case, the possession was taken prior to 4(1)notification.
4. Further, the main grievance of the petitioner is that the learned Executing Court did not consider that the company had deposited the comprehensive amounts under the interim order, consisting of interest, costs and principal amounts stipulated under the provisions of Land Acquisition
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, ....
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 Land Acquisition Officer cannot contest compensation calculations already adjudicated in previous litigation.
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