Prakash Krishna, J. - (1.) HEARD Sri B.Dayal, learned counsel for the applicant and Sri M.N. Singh, learned counsel for the respondents.
(2.) THE present revision has been filed under Section 115 of C.P.C. against the order dated 21-2-2005 passed in execution case no. 9 of 1995, which arose out of LAR no. 16 of 1989. THE land of the decree holders opposite parties was acquired by the Special Land Acquisition Officer for the present applicant. Market value of the land, so acquired, was determined. THEreafter, the decree holders opposite parties herein, applied for execution of the decree. It appears that some objections were filed by Meerut Development Authority. Those objections were disposed of. The matter was carried in revision no. 312 of 2002, before this Court. This Court by the judgment dated 30-9-2004 remanded the matter back to the executing court to re-calculate the compensation amount along with interest in the light of the decision of the Apex Court in the case of Sunder Vs. Union of India J.T. 2001 (8) SC 310. The executing court again by the impugned order re- calculated the compensation amount and interest and reached to the conclusion that a sum of Rs. 11,59,822-44 paise with interest is payable by Meerut Development Authority to the decree holders. Challenging the said order, the present revision has been filed. Sri B. Dayal, learned counsel for the applicant submits that the judgment of the Apex Court in the case of Sunder (supra) was considered by the Apex Court itself in the case of Gurpreet Singh Vs. Union of India, 2007 (66) ALR 327, by a Constitution Bench. The submission is that the executing court be asked to re-calculate the interest amount on the additional compensation in the light of the aforestated judgment of the Apex Court.
(3.) SRI M.N. Singh, learned counsel for the opposite parties decree holders, on the other hand, submits that since the earlier decision of this Court directing the executing court to calculate the compensation amount and interest in the light of the judgment of the Apex Court in the case of Sunder (supra) has attained finality and, therefore, even if, there is subsequent judgment of the Apex Court, it will not affect the right of the decree holders. Considered the respective submissions of the learned counsel for the parties and perused the record.;