IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE MISC. PETITION No. 1899 of 2020 GWALIOR DEVELOPMENT AUTHORITY Versus PREMPRAKASH SHARMA (DECEASED) THROUGH HIS LEGAL HEIRS AND ANR.

Appearance:

Shri Raghvendra Dixit – learned counsel for the petitioner.

Shri N.K. Gupta - senior counsel with Shri Y.P.S. Rathore -

learned counsel for the respondents.

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Reserved on 05.02.2025 Delivered on 24.02.2025 ----------------------------------------------------------------------------------

ORDER

The present petition under Article 227 of the Constitution of India is directed against the order dated 31.10.2019 passed by learned XVIIth Additional District Judge Gwalior (M.P.) in MJC No.47/2013 whereby while allowing an application under Section 152 CPC filed by the counsel for the respondents, directions have been issued to make payment of interest over the amount of compensation as awarded under the Land Acquisition Act as per provision of Section 34 of the Act which is beyond the scope of original order/decree passed by Court below on 29.04.2006 in Land Acquisition Case No.22/1989 and 37/1996.

2. The short facts of the case are that the petitioner/G.D.A. in Signature Not Verified Signed by: YOGENDRA order to implement a Town Development Scheme had acquired certain lands of the petitioner invoking provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973. In pursuance to the aforesaid acquisition, the Competent Authority/Collector passed an award dated 10.03.1988 in case No.7/A-82/84-85 and award dated 10.09.1996 in case No.1/80/A-82. since land owners and Housing Society were not satisfied with the award passed by the Land Acquisition Officer hence, matter was referred to the District Judge under Section 18 of the Land Acquisition Act, 1894 in which both the awards were put to question and alongwith enhanced compensation and solatium, interest was also claimed. On the basis of aforesaid reference, an award was passed by learned District Judge and the reference preferred by the Housing Society i.e. Kailash Gram Nirman was rejected while the claim of private respondents was allowed.

3. The petitioner Authority had paid the amount in terms of such award to the private respondents but dissatisfied with the payment, private respondents. had filed an execution proceeding before the learned Court below. In the said execution proceedings, private respondents had claimed more amount as per the separate tabulation chart attached alongwith the execution application. In term of such execution proceeding petitioner Authority has deposited an amount of Rs. 589396/- through cheque before the Executing Court. After receiving an amount as claimed by way of an execution, said proceedings were dropped in satisfaction of the respondents but without there being any valid reason, respondents had filed an application under Section 152 of CPC to correct an error in award dated 29.04.2006. By filing such application respondents Signature Not Verified Signed by: YOGENDRA had claimed to get calculate an amount of interest as prescribed under Section 28 and 34 of the Land Acquisition Act, 1894 and accordingly prayed to amend the original award passed on 29.04.2006. The said application was replied by petitioner Authority and it was specifically stated that after extending reasonable opportunity of hearing to the parties and as per the valuation of the land in question an award has been passed and reference under Section 18 of the Land Acquisition Act has been answered by the Court below, therefore, application under Section 152 of CPC filed by respondents being time barred deserves to be rejected since it has been filed after lapse of more than five years.

4. After hearing the parties, learned Court below allowed the application and without considering the scope of Section 152 CPC learned Court below has decided the matter afresh instead of a