JUDGEMENT
Mookherjee, J. -
(1.) The present application arise out of the same judgment and order passed by the learned Additional District Judge, First Court, Burdwan in L.A. cases Nos. 6 to 14 of 1983 rejecting the applications of the State of West Bengal under Sections 151.152,153 and 153A of the Code of Civil Procedure.
(2.) In connection with acquisition of lands by the petitioners, references were made under Section 18 of the Land Acquisition Act, giving rise to the aforesaid L.A. cases. On or about 22nd May, 1987, the learned Additional District Judge, first Court, Burdwan, delibered a Judgment, inter alia, holding that the respondents were entitled to 30% solatium and 15% interest. Appeals were preferred by the present petitioners with prayers for condonation of delay but the said prayer for condonation of delay ultimately stood rejected on or about 21st June, 1989. After disposal of Raghubir Singh's case by the Supreme Court, the respondents preferred applications for amendment of the decree which stood allowed on or about 2.11.89 and admittedly there was no challenge to the said order which thus became final. The said decrees were put into execution and in the execution cases, a contention was raised by the present petitioners through its application under Section 151 of the Code of Civil Procedure, that the respondents were not entitled to get solatium of 30% and interest at 15%. By the impugned order the said application has been rejected.
(3.) It is to be noted that since there was some doubt as to the maintainability of the appeals, revisional applications were filed by way of caution, and we have heard out the Revisional applications together.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.