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2023 Supreme(Online)(KAR) 11195
On 25th of January 2003, a notification under
Section 4 (1) of the Land Acquisition Act, 1894 (for
short, "the 1894 Act") was issued. This was followed by
a declaration and ultimately an award was passed on
22nd of July 2003.
By this award, the market value for the lands
acquired was fixed at Rs.96,164/- per acre for irrigated
lands.
3.
The
land
loser,
being
dissatisfied
with
determination of compensation by the Land Acquisition
3
Officer, sought for reference under Section 18 of the
1894 Act and the Civil Court after considering the matter
proceeded
to
enhance
the
compensation
to
Rs.6,75,000/- per acre.
4.
Not being satisfied with this determination also, the
land loser preferred an appeal to this court and this court
enhanced the compensation further to Rs.13,93,920/-.
5.
The
land
loser,
being
dissatisfied
with
this
compensation also, approached the Supreme Court and
the Supreme Court, after hearing the parties, ultimately,
enhanced the compensation Rs.23,13,600/- per acre.
6.
As this amount awarded as compensation was not
paid, the petitioner initiated execution proceedings. In
the said execution proceedings, the land loser filed a
Memo of Calculation stating that the entire amount due
to him had not been paid. The Memo of Calculation filed
4
by the land loser before the Executing Court reads as
follows:
Market value fixed by the Hon'ble
Supreme Court of India, Delhi at
the Rate of Rs.26,13,600/- per acre
total extent 16A-27Gu
Rs.4,35,81,780.00
30% Solitium
Rs.1,30,74,534.00
3
12% Additional Market Value from
22-02-2003 to 22-07-2003 (151
days)
21,63,566.00
Total
Rs.5,88,19,880.00
4
Less Paid by LAO
Rs.21,60,201.00
Balance
Rs.5,66,59,679.00
5
9%
Interest
Per
annum
from
15-09-2003
to
14-09-2004
on
Rs.5,66,59,679.00 (365 days)
Rs.50,99,371.00
6
15% Interest from 15-09-2004 to
19-02-2013 on Rs.5,66,59,679.00
(3078 days)
Rs.7,16,70,613.00
7
High Court Costs
Rs.14,20,344.00
8
Less Deposited in court including
Rs.2,86,90,733/-
+
IT
Paid
Rs.17,40,428.00
Rs.3,04,31,161.00
Balance
Rs.10,44,18,846.00
9
15% Interest from 20-02-2013 to
22-12-2014 on Rs.10,44,18,846/-
(670 days)
Rs.2,87,50,942.00
Total
Rs.13,31,69,788.00
10 Less Deposited in court including
Rs.3,95,89,729 + IT Paid
Rs.4,21,90,864.00
5
Rs.26,01,135/-
Balance
Rs.9,09,78,924.00
11 15% Interest from on
Rs.9,09,78,924/- from 23-12-2014
to 21-09-2016 (638 days)
Rs.2,38,53,926.00
Total
Rs.11,48,32,850.00
12 Less amount deposited in court
including Rs.15,93,885+IT
Rs.19,283/-
Rs.16,13,165.00
Balance
Rs.11,32,19,685.00
13 Interest 15% on Rs.11,32,19,685/-
from 22-09-2016 to 30-10-2017
(403 days)
Rs.1,87,51,040.00
Total Balance
Rs.13,19,70,725.00
14 Less amount deposited in court
including 77,20,6544/- + IT
5528585
Rs.8,27,35,129.00
Total
Rs.4,92,35,596.00
15 Interest 15% on Rs.4,92,35,596/-
from 31-10-2017 to 27-11-2020
(1110 days)
Rs.2,24,59,525.00
Total
Rs.7,16,95,121.00
7.
The State, however, disagreed with the Memo of
Calculation filed by the land loser and it proceeded to file
its own Memo of Calculation, which reads as under:
Sl.
No.
Description
Amount
Market Value fixed by as per Hon'ble
Supreme
Court
order
per
acre
Rs.26,13,600/-
A-G 16-27 SY NO.554/3P(554/1)
Rs.4,35,81,780/-
6
Less paid by LAO
Rs.16,03,535/-
3
Less Paid by LAC Amount deposited
to court
Rs.96,52,090/-
4
Less Paid by MFA Amount deposited
to court
Rs.1,19,87,991/-
5
Total deducted Amount
Rs.2,32,43,616/-
6
Total difference Amount
Rs.2,03,38,164/-
7
30% solatium
Rs.61,01,449/-
8
12% Additional market value Date
on: 17-08-2000 to 28-05-2002. 151
days
Rs.10,09,664/-
9
Total compensation Amount
Rs.2,74,49,277/-
10
9% Interest From 15-09-2003 to
14-09-2004
Rs.24,70,435/-
11
15% Interest From 15-09-2004 to
11-07-2017 (No of Days 4682)
Rs.5,28,15,417/-
12
Total Interest
Rs.5,52,85,852/-
13
Gross Amount
Rs.8,27,35,129/-
14
10% TDS
Rs.55,28,585/-
15
Net Amount Payable (Deposited to
Court) Date: 09-10-2017 (Days 90)
Rs.7,72,06,544/-
16
Balance Now to be Paid
Rs.0/-
8.
Thus, as could be seen from the above two sets
