JUDGEMENT
-
(1.) Leave granted in all the matters.
(2.) These appeals are directed against the interim orders passed by the allahabad High court in pending appeals arising out of proceedings for acquisition of land. In Civil arising out of Special Leave Petitions Nos. 24955 and 24951 of 1995 the High court, by the impugned orders, has directed stay of execution of the impugned award of the civil court (on a reference) subject to the appellants depositing 50. 00 per cent of the amount enhanced after the award of the Special Land Acquisition Officer with interest etc. and has further directed that on such amount being deposited 50. 00 per cent of the said amount shall be paid to the claimant-respondents without security and balance amount shall be payable to the claimant-respondents on their furnishing adequate security to the satisfaction of the court below other thancash or bank guarantee. The realisation of the 50. 00 per cent of the enhanced amount of the Special Land Acquisition Officer has thus been stayed in these terms. In other appeals the High court, by the impugned orders, has directed the appellants to deposit the entire amount awarded and that 40. 00 per cent of the total amount shall be paid to the claimant-respondents without security and the balance amount shall be deposited in the name of the court below itself in some nationalised bank FDR for an initial period of two years.
(3.) Shri Goel, the learned counsel for the appellants, has submitted that in making the impugned orders the High court had departed from earlier orders that have been passed in a large number of other appeals which have been filed against the same award made by the civil court on reference and that in those cases the High court has only directed the appellants to deposit the amount of the enhanced amount of compensation in court but has not made any direction regarding payment of any amount to the claimant-respondents. The learned counsel states that the appellants have deposited the amount as per the directions given by the High court in the impugned orders which fact is, however, not admitted by the learned counsel for the respondents.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.