- (1.) This revision arises out of the order of the Executing Court dated 6th of March, 1979, declining the prayer of the petitioners for the grant of 6% interest and 15% solatium on the enhanced amount of Rs. 1,05,000/- on which they had paid the Court-fee in this Court.
(2.) In land acquisition proceedings some land of Tek Chand, who is now represented by the petitioners as his legal representatives, was acquired and he was awarded compensation first by the Land Acquisition Collector which matter came before the District Judge. The claimant was dissatisfied with the award of the Additional District Judge, Gurgaon, and filed R. F. A. No. 422 of 1969, in this Court and paid Court-fees of Rs. 3,368.80 for further enhancement of compensation by Rs. 1,05,000/-. in the prayer clause of the grounds of appeal, he stated as follows:- "The compensation awarded to the appellants may be increased by an additional sum of Rs. 1,05,000/- including the arrears of interest plus 15% compulsory acquisition charges." The regular first appeal came up for final decision before Gurnam Singh, J., who by judgment dated 8th of August, 1978, fixed the market value of the land at Rs. 7/- per sq. yard, but since the claimant had claimed enhancement by Rs. 1,05,000/- on which amount he had paid Court-fee of Rs. 3,368.80 he was allowed that amount which was less than Rs. 7/- per sq. yard. The operative part of the judgment of this Court may be usefully reproduced below:- ''The appellants in this case have claimed Rs. 1,05,000/- including the arrears of interest plus 15% as compulsory acquisition charges. The appellants will he entitled to the compensation @ Rs. 7/- per sq. yard. Since they have paid Court-fee on the aforesaid amount, so they will be entitled to the amount calculated @ Rs. 7/- per sq. yard or the amount which has been claimed by them, whichever is less. The appellants will also be entitled to solatium @ 15% at the enhanced amount and also interest @ 6% per annum from the date of taking of possession of land till the date of payment. Accordingly R. F. A. No. 422 of 1969 is accepted with costs."
(3.) After the judgment of this Court, the petitioners filed an application for execution for obtaining Rs. 1,05,000/- plus 15% solatium and 6% interest as awarded by the High Court. The Executing Court by the impugned order found that the petitioners were only entitled to a total amount of Rs. 1,05,000/ inclusive of 15% solatium and 6% interest in view of the prayer made in the grounds of appeal, little caring for the operative part of the order of the High Court. It is also important to note that the State had deposited Rs. 1,98,700.99 in accordance with the order of the High Court which amount represented Rupees 1,05,000/- as enhanced compensation, 15% solatium and 6% interest from the date of taking possession till the payment.;