- (1.) Heard Sri Shri Kant, learned Counsel for the revisionist and Shri Ashutosh Srivastava, learned Counsel for the opposite party No. 1. The present revision has been filed against the order dated 29.10.2003 passed by the Additional District Judge, Court No. 3, Gorakhpur, in Misc. Case No. 19 of 2000 under section 47 C.P.C. arising from Execution Case No. 6 of 2000.
(2.) The brief facts of the case are that land of the opposite party No. 1 was acquired taking recourse of the provision of Land Acquisition Act (hereinafter called the 'Act') and proceedings were culminated by the award dated 30.6.1982 made by the Special Land Acquisition Officer. In the meantime amendment came in the Land Acquisition Act. The amendment came in the year 1984 would be applicable in the present case and awarded amount, solatium etc. would be available to the claimant on reference made under section 18 of the Act. The amount of market value was enhanced and thereafter finally fixed by this Court is Rs. 5.50 per sq. ft. with deduction @ 40%, which comes to Rs. 3.30 per sq. ft
(3.) Learned Counsel for the revisionist challenged the order passed by the Executing Court on the sole ground that in the operative part of the order findings are such that the calculation of compensation to be paid by the claimant i.e., decree holder is without deduction of the amount already deposited before the Special Land Acquisition Officer by the judgment-debtor under the award dated 30.6.1982. The submission is that Special Land Acquisition Officer has awarded the market value @ 1.75 per sq. ft. alongwith solatium and interest as per the Act.;