9911796707
TMI Blog2011 (2) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... q. meter. 3. Aggrieved, landowners-appellants 1 to 3 and one Ana Conceicao Antonieta Santimano filed reference petitions against the order of the LAC under Section 18 of the Act. The District Judge, South Goa, passed an award dated 19.08.1992, wherein the rate of Rs. 45/- per sq. meter given by the LAC was upheld. Additionally, they were held entitled to severance charges @ 20% p.a. of Rs. 45/- per sq. meter in respect of the nonacquired portion of 37,731 sq. meters. They were also granted compensation in respect of a boundary wall amounting to Rs. 31,720/-, and other statutory benefits. The total sum thus awarded to them was Rs. 8,80,372/-. 4.On 7.3.1996, an order was issued by the Director of Sports and Youth Affairs, releasing funds to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overy of the balance amount along with interest accrued thereon. In the said execution application, the appellants raised a dispute as to apportionment of compensation within the meaning of Section 31(2) of the Act, contending that Ana Conceicao Antonieta Santimano was entitled to Rs. 2,83,159.67/- and Ivo Agnelo Santimano Fernandes was entitled to Rs. 2,83,159.67/- as per Survey No.111/1; and Ana Conceicao Antonieta Santimano was entitled to Rs. 1,57,026.20/- and Herbert Santimano Fernandes was entitled to Rs. 1,57,026.20/- as per Survey No. 111/2. It was contended that appellant 3 (Nancy Fernnades Viviera Menezes) was not entitled to receive any sums as no enhancement was awarded with respect to the area belonging to her. The interested p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btors, which show that an amount of Rs. 8,80,372/- was due and payable to them upto 31.3.1996. Decree holders nos. 1 and 2 would be therefore, entitled to receive further interest at the rate of 15% from 1.4.1996 to 8.4.1996 on the said sums of Rs. 2,06,436/- and Rs. 2,06,437/- respectively. Likewise, decree holder no. 1 would also be entitled to receive further interest at the rate of 15% on Rs. 60,000/- from 1.4.1996 to 7.1.2000 and decree holder no. 2 would also be entitled to receive further interest at the rate of 15% on Rs. 3,52,872/- from 1.4.1996 to 7.1.2000. Judgment debtors are hereby directed to pay the same to the said decree holders nos. 1 and 2 respectively." 10. Aggrieved by that order of the District Judge, South Goa passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts urged that Sections 28 and 34 of the Act make it abundantly clear that the interest could be paid only in Court, otherwise liability on the State to pay interest would continue. As per Section 53 of the Act, the provisions of Order XXI Rule 1 of CPC could not come in the way of the contention of the appellants in as much as the said provision was inconsistent with the provisions of the Act and thus, the bar with regard to grant of interest as provided under Order XXI Rule 1 of CPC would not apply in the instant case. Learned counsel for the appellants relied on, inter alia, on the decision of this Court in the case of Prem Nath Kapur (supra). 13. The High Court opined that acceptance of such an argument may lead to absurdity in the sens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Prem Nath Kapur (supra), a three- Judge Bench of this Court considered the question as to when the liability of the State to pay interest ceases. The relevant portion of the judgment reads as follows: "13. Thus we hold that the liability to pay interest on the amount of compensation determined under section 23(1) continues to subsist until it is paid to the owner or interested person or deposited into court under section 34 read with section 31. Equally, the liability to pay interest on the excess amount of compensation determined by the Civil Court under section 26 over and above the compensation determined by the Coll ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
