Narendra Kumar Jain, J. - (1.) HEARD finally with the consent of the parties. Both the special appeals are directed against order of Single Bench dt. 02.05.2011, whereby S.B. Civil Writ Petition No. 8723/2005 filed by petitioner/ appellant Smt. Kishori Devi, has been allowed and respondent Rajasthan State Road Transport Corporation (hereinafter referred to as 'RSRTC') has been directed to make payment of compensation of Rs. 2,58,490/ - with interest at the rate of 6% per annum from the date land was taken in possession of RSRTC. Being aggrieved with the order of Single Bench, both the parties have preferred these two special appeals.
(2.) SUBMISSION of learned counsel for RSRTC is that out of total land measuring 6923.5 Sq. Yds., the RSRTC utilised only 1114 Sq. Yds. for construction of Depot and workshop, rest of the land measuring 5809 Sq. Yds. has been used for constructing the approach road. Therefore, RSRTC is not liable to make payment of compensation in respect of land used for construction of approach road. It is, therefore, argued that Single Bench was not right in directing the RSRTC to make payment of compensation in respect of land used for construction of approach road also. Submission of learned counsel for petitioner Smt. Kishori Devi is that learned Single Judge should have awarded interest at the rate of 12% in place of 6% per annum. Therefore, RSRTC be directed to pay the amount of compensation with interest at the rate of 12% in place of 6% per annum, as directed by Single Bench. So far as appeal filed by RSRTC is concerned, learned counsel for writ petitioner submitted that petitioner was entitled for compensation and learned Single Judge has rightly allowed the writ petition of the petitioner, which calls for no interference by this Court in this intra -Court appeal.
(3.) WE have considered submissions of learned counsel for the parties and examined the impugned order of Single Bench and also the other documents available on record.;