9911796707
TMI Blog2007 (1) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing on behalf of the respondent No. 2 (Agra Development Authority). 3. This appeal is directed against the final judgment and order dt. 20.10.2005 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 15903/2002 whereby the High Court has dismissed the Writ Petition filed by the present appellants/land owners. The appellants were the owners of land of Khasra No. 111A and 112B measuring 7-6 Bighas situated at Mauza Lakhanpur Tehsil and District Agra. The respondent No. 2 without following the procedure for acquiring the land under the Land Acquisition Act took forcible possession of land in question on 31.08.2000. It is not in dispute that respondent No. 2 had not resorted to the provisions of Land Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y have calculated @ 225/- per sq.meter. The said amount, admittedly, as per the undertaking, was not deposited within two months. However, a cheque for the amount of Rs. 17,84,974.50 dt. 14.02.2002 drawn on Union Bank of India, Agra was issued to the appellants. However, the appellants refused to the receive the same since the said amount was not tendered as per the undertaking. While tendering the Cheque dt. 14.02.2002, the respondent No. 2 called upon the appellants to convey their consent for withdrawal of Suit No. 358/2000 and also signifying their consent in writing that they will not prefer any other claim in this regard so that the payment made by the cheque can be given to them. Thereafter, the money was deposited with the Vth Addl. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n denied the beneficial use of the money. In our opinion, the appellants have wrongly deprived of the beneficial use of their money. Therefore, they are entitled to interest. We, therefore, set aside the order passed by the High Court and award simple interest at the rate of 18% p.a. The possession of the land was taken on 31.08.2000. Therefore, the Agra Development Authority (Respondent No. 2) is liable to pay simple interest @ 18% on the sum of Rs. 17,84,974.50 from 31.08.2000 till the date of actual payment. In the meanwhile, the appellants are at liberty to withdraw the sum of Rs. 17,84,974.50 which is in deposit with the Civil Court without furnishing any security and on production of a copy of this Order. The said court is directed to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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