- (1.) The appeal by the landowner is against the order passed by the executing Court, as affirmed by the High Court, holding that the appellant-landowner is not entitled to any further compensation on account of interest but also that the department will be at liberty to initiate recovery proceedings for the amount over-drawn.
(2.) The execution petition was filed claiming payment of a balance amount due on account of interest which was calculated as on 31.12.2003 though the date of payment was 19.07.2005. This claim was opposed on the ground that the compensation paid and received till date, on proper calculation, contains an excess amount inasmuch as interest on the solatium amount was also awarded while computing compensation under Section 23(1A) of the Land Acquisition Act, 1894 (for short, 'the Act').
(3.) The aforesaid contention of the department found favour with the executing Court which accordingly directed that recovery proceedings may be initiated. As the said order has been affirmed by the High Court in the writ petition filed by the landowner the present appeal has been filed.;