Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 23 & 34---Execution proceedings---Compulsory acquisition---Compound interest on compensation for compulsory acquisition---Scope---Executing court dismissed application of Judgment-debtors to permit them to submit amended goshwara as they had inadvertently added 6 percent compound interest in their earlier goshwara---Judgment debtors contended that no compound interest could be paid on the compulsory acquisition charges---Decree-holders contended that debtors could not evade their own commitment---Validity---Record revealed that during execution proceedings the debtors submitted goshwara and agreed to pay certain amount to the decree holders as decretal amount which amount was deposited by them in the Court, thus, the decree had already been satisfied but appeal had been filed only for academic purpose which could not be entertained by the executing court---Section 34 of the Land Acquisition Act, 1894 stipulated that Land Acquisition Collector was to allow compound interest on the compulsory acquisition charges---Compound interest at the rate specified by the statue on the subject was payable by the Collector or be awarded by Referee Court on the amount of compensation in excess of amount determined by the Collector---Such interest was to be paid retrospectively with effect from the date the possession of the land was taken over by the Collector and till such time that the excess amount was deposited in the Court---Payment of compulsory acquisition charges was not an excess amount, rather it was part of the market value of the land under acquisition---Section 23 of the Land Acquisition Act, 1894 empowered the Referee Court to award a sum at the rate of 15% to the land owner on account of compulsorily depriving the owner from his land---Impugned order of the Executing Court, was well reasoned and in accordance with law, hence not open to any interference by the High court---Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, JUSTICE:---.--- This appeal has been filed by the appellants -judgment debtors against the order of the learned Executing Court dated 07.12.2016, whereby their…

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