Case Note & Summary
The petitioners, owners of agricultural land acquired by the State, filed a writ petition under Articles 226 and 227 of the Constitution challenging the order dated 16/06/2010 passed by the Executing Court (Civil Judge, Senior Division, Pusad) in M.J.C. No.62/2009. The Executing Court had partly allowed their application for execution of the award passed by the High Court in First Appeal No.89/1995 on 3rd April 2009, which enhanced compensation to Rs.3,50,000 per hectare. The Reference Court had originally granted compensation at the same rate. The Special Land Acquisition Officer deposited Rs.18,30,786 in the High Court on 09/10/1995 at the time of admission of the First Appeal. By order dated 25/01/1996, 50% of the amount was paid to the petitioners, and the remaining Rs.9,15,393 was kept in an FDR with State Bank of India, Pusad Branch, which was renewed and bore new number SAA 49 221102. The Executing Court held that the petitioners were entitled to only Rs.2,82,794 out of the FDR amount and directed refund of Rs.6,32,599 to the State. The petitioners challenged this order. The High Court, after hearing counsel, found that the Executing Court had correctly calculated the amount payable based on the award and that the petitioners had already received 50% of the deposited amount. The Court noted that the petitioners had not challenged the correctness of the calculation. The High Court dismissed the petition, upholding the Executing Court's order.
Headnote
A) Land Acquisition - Execution of Award - Compensation - The petitioners sought execution of the award passed by the High Court in First Appeal No.89/1995, which enhanced compensation to Rs.3,50,000 per hectare. The Executing Court partly allowed the application, holding the petitioners entitled to Rs.2,82,794 out of the FDR amount of Rs.9,15,393, and directed refund of the balance Rs.6,32,599 to the State. The High Court upheld the order, finding no error in the Executing Court's calculation. (Paras 1-6)
Issue of Consideration
Whether the Executing Court was justified in partly allowing the application for execution and directing refund of the balance amount to the State.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Executing Court dated 16/06/2010. Rule discharged with no order as to costs.
Law Points
- Execution of award
- compensation for land acquisition
- refund of excess deposit
- limitation for execution
- application under Order 21 CPC
Case Details
2011 LawText (BOM) (08) 117
Writ Petition No.2292/2011
Shri K.S. Narwade for petitioners, Ms.T. Khan for respondents
Mohmmad Shabir Shaikh Ajij and others
The State of Maharashtra and another
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution challenging the order of the Executing Court in execution proceedings for land acquisition compensation.
Remedy Sought
The petitioners sought to set aside the Executing Court's order dated 16/06/2010 which partly allowed their application and directed refund of the balance amount to the State.
Filing Reason
The petitioners were aggrieved by the Executing Court's order that they were entitled to only Rs.2,82,794 out of the FDR amount of Rs.9,15,393 and the balance was to be refunded to the State.
Previous Decisions
The Reference Court granted compensation at Rs.3,50,000 per hectare. The High Court in First Appeal No.89/1995 decided on 3rd April 2009 enhanced compensation. The Special Land Acquisition Officer deposited Rs.18,30,786 on 09/10/1995. By order dated 25/01/1996, 50% was paid to petitioners and Rs.9,15,393 kept in FDR.
Issues
Whether the Executing Court erred in calculating the amount payable to the petitioners from the FDR.
Whether the direction to refund the balance amount to the State was justified.
Submissions/Arguments
The petitioners argued that the Executing Court's order was erroneous and they were entitled to the entire FDR amount.
The State supported the Executing Court's order as correct.
Ratio Decidendi
The Executing Court correctly calculated the amount payable to the petitioners based on the award and the earlier payment of 50% of the deposited amount. The petitioners did not challenge the calculation, and the order for refund of the balance to the State was proper.
Judgment Excerpts
The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 16/06/2010 passed by the Executing Court...
In my view, the Executing Court has correctly calculated the amount to which the petitioners are entitled to.
Procedural History
The Reference Court granted compensation. The State filed First Appeal No.89/1995, and the High Court enhanced compensation on 3rd April 2009. The petitioners filed M.J.C. No.62/2009 for execution. The Executing Court partly allowed the application on 16/06/2010. The petitioners filed the present writ petition on 29/09/2025 (date of download).
Acts & Sections
- Constitution of India: Articles 226, 227
