State of Haryana and anr. State of Haryana and anr v. Sudesh Rani and others Sudesh Rani and
Case Details
CR-2255- -2020 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CR-2255 2255-2020 (O&M) Reserved on: 28.05.2025 Reserved on: 28.05.2025 .2025 Date of Pronouncement: 09.07.2025 Date of Pronouncement: State of Haryana and anr. State of Haryana and anr. ...Petitioners VERSUS Sudesh Rani and others Sudesh Rani and ...Respondents ...Respondents HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Amit Aggarwal, DAG, Haryana for the petitioners. Present : Mr. Amit Aggarwal, DAG, Haryana for the petitioners. Present : Mr. N.C. Manchanda, Advocate Mr. N.C. Manchanda, Advocate for private respondents. Mr. Kunal Soni, Advocate for Mr. Kunal Soni, Advocate for Ms.Baani Chhibber Mahajan, Advocate Ms.Baani Chhibber Mahajan, Advocate roforma respondents No.11 & 12. for proforma respondents No.11 & 12. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present revision petition, challenge has been By way of present revision petition, challenge has been By way of present revision petition, challenge has been 14.11.2018 passed by the Additional District made to an order dated 14.11.2018 passed by the Additional District 14.11.2018 passed by the Additional District made to an order dated entitled to Judge, Karnal, whereby the private respondents were held entitled to Judge, Karnal, whereby the private respondents were held Judge, Karnal, whereby the private respondents were held along with interest towards compensation a sum of Rs.48,32,561/- along with interest towards compensation along with interest towards compensation a sum of Rs.48,32,561/ amount against acquisition of land owned by their predecessor Mela amount against acquisition of land owned by their predecessor Mela amount against acquisition of land owned by their predecessor Mela amount against acquisition of land owned by their predecessor Mela Ram. 2. interest of the private Briefly stated, the predecessor-in-interest of the private Briefly stated, the predecessor s 6 marlas of land in respondents, namely, Mela Ram owned 48 kanals 6 marlas of land in respondents, namely, Mela Ram owned respondents, namely, Mela Ram owned Village Guda, Tehsil Indri, District Karnal, which came to be acquired Village Guda, Tehsil Indri, District Karnal, which came to be acquired Village Guda, Tehsil Indri, District Karnal, which came to be acquired Village Guda, Tehsil Indri, District Karnal, which came to be acquired vide notifications dated 23.05.2002 and 14.02.2003 issued under vide notifications dated 23.05.2002 and 14.02.2003 issued under vide notifications dated 23.05.2002 and 14.02.2003 issued under vide notifications dated 23.05.2002 and 14.02.2003 issued under Sections 4 & 6 of the Land Acquisition Act, 1894, for short ‘the 1894 Sections 4 & 6 of the Land Acquisition Act, 1894, for short ‘the 1894 Sections 4 & 6 of the Land Acquisition Act, 1894, for short ‘the 1894 Sections 4 & 6 of the Land Acquisition Act, 1894, for short ‘the 1894 SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [2] Act’, respectively. The acqu isition was for extension of New Grain respectively. The acquisition was for extension of New Grain isition was for extension of New Grain i.e. before the and Vegetable Market, Indri, Karnal. On 24.12.2003, i.e. before the and Vegetable Market, Indri, Karnal. On 24.12.2003, and Vegetable Market, Indri, Karnal. On 24.12.2003, announcement of Award by announcement of Award by announcement of Award by announcement of Award by the Land Acquisition Collector, the Land Acquisition Collector, the Land Acquisition Collector, the Land Acquisition Collector, s to the effect that Mela Ram stood respondent No.6 filed objections to the effect that Mela Ram stood s to the effect that Mela Ram stood respondent No.6 filed ingh and Company, Ram Nagar, Karnal for a surety to one M/s Sher Singh and Company, Ram Nagar, Karnal for a ingh and Company, Ram Nagar, Karnal for a surety to one M/s S against the said company, there was an sum of Rs.34,00,000/- and against the said company, there was an against the said company, there was an sum of Rs.34,00,000/ ; thus it was prayed that the outstanding sum of Rs.40,47,000/-; thus it was prayed that the ; thus it was prayed that the outstanding sum of Rs. against acquisition of land of Mela Ram be amount of compensation against acquisition of land of Mela Ram be against acquisition of land of Mela Ram be amount of compensation of Excise and Taxation Department, Haryana. released in favour of Excise and Taxation Department, Haryana. released in favour an Award Later, an Award an Award regarding compensation regarding compensation regarding compensation towards towards towards on 30.12.2003. As per the said Award, acquired land was announced on 30.12.2003. As per the said Award, on 30.12.2003. As per the said Award, acquired land was announced aong with other statutory benefits became a sum of Rs.,29,36,787/- aong with other statutory benefits became aong with other statutory benefits became a sum of Rs.,29,36,787/ Ram. Considering the dispute payable to the landowner-Mela Ram. Considering the dispute Ram. Considering the dispute payable to the landowner between the landowner and the office of respondent No.6, the Land between the landowner and the office of respondent No.6, the Land between the landowner and the office of respondent No.6, the Land between the landowner and the office of respondent No.6, the Land Acquisition Collector vide its order dated 26.02.2004 directed not to Acquisition Collector vide its order dated 26.02.2004 directed not to Acquisition Collector vide its order dated 26.02.2004 directed not to Acquisition Collector vide its order dated 26.02.2004 directed not to was the amount of compensation till the issue of entitlement was the amount of compensation release the amount of compensation got decided from the competent Court got decided from the and in the meanwhile, competent Court and in the meanwhile, compensation amount was deposited before the concerned treasury compensation amount was deposited before the concerned treasury compensation amount was deposited before the concerned treasury compensation amount was deposited before the concerned treasury at Karnal. at Karnal. 3. In a In a In a related development, related development, related development, respondent No.6 on respondent No.6 respondent No.6 passed an order of attachment of the compensation 12.10.,2004 passed an order of attachment of the compensation passed an order of attachment of the compensation 12.10.,2004 rs under Section 70 of the Punjab Land amount while exercising powers under Section 70 of the Punjab Land rs under Section 70 of the Punjab Land amount while exercising powe Revenue Act, 1885. Revenue Act, 1885. In addition, respondent No.6 also filed a petition under In addition, respondent No.6 also filed a petition under In addition, respondent No.6 also filed a petition under SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [3] Section 145 of the Code of Civil Procedure, 1908, before the Civil Section 145 of the Code of Civil Procedure, 1908, before the Civil Section 145 of the Code of Civil Procedure, 1908, before the Civil Section 145 of the Code of Civil Procedure, 1908, before the Civil Court at Karnal for execution of guarantee/ surety furnished by Mela Court at Karnal for execution of guarantee/ surety furnished by Mela Court at Karnal for execution of guarantee/ surety furnished by Mela Court at Karnal for execution of guarantee/ surety furnished by Mela . The said petition came to be dismissed by the Court of learned Ram. The said petition came to be dismissed by the Court of learned . The said petition came to be dismissed by the Court of learned . The said petition came to be dismissed by the Court of learned Civil Judge (Senior Division), Karnal, vide decision dated 14.10.2004. Civil Judge (Senior Division), Karnal, vide decision dated 14.10.2004. Civil Judge (Senior Division), Karnal, vide decision dated 14.10.2004. Civil Judge (Senior Division), Karnal, vide decision dated 14.10.2004.
Legal Reasoning
The said decision was challenged vide CR No. 6133 The said decision 2004, wherein at challenged vide CR No. 6133-2004, wherein at 4, the Land the time of issuance of notice of motion on 16.12.2004, the Land the time of issuance of notice of motion on 16.12 the time of issuance of notice of motion on 16.12 Acquisition Collector was directed not to release the amount of Acquisition Collector was directed not to release the amount of Acquisition Collector was directed not to release the amount of Acquisition Collector was directed not to release the amount of compensation to the private respondents. compensation to the private respondents. compensation to the private respondents. 2004 Later, vide decision dated 25.07.2013, CR No.6133-2004 Later, vide decision dated 25.07.2013, CR No.6133
Decision
was disposed of with the following observations:- was disposed of with the following observations: was disposed of with the following observations: length. At this stage, The case was heard at length. At this stage, “The case was heard at learned senior counsel for respondents after seeking learned senior counsel for respondents after seeking learned senior counsel for respondents after seeking instructions instructions from from out of whom respondents, out of whom respondents, respondent no.5 is stated to be present in person in respondent no.5 is stated to be present in person in respondent no.5 is stated to be present in person in the Court, has stated that the petitioners may recover the Court, has stated that the petitioners may recover the Court, has stated that the petitioners may recover the due amount upto maximum limit of `34,00,000/ the due amount upto maximum l imit of `34,00,000/- being surety bond amount from the compensation being surety bond amount from the compensation being surety bond amount from the compensation amount of the acquired land left by Mela Ram, since amount of the acquired land left by Mela Ram, since amount of the acquired land left by Mela Ram, since deceased, and the balance amount may be released deceased, and the balance amount may be released deceased, and the balance amount may be released to the respondents. Accordingly Accordingly Accordingly the the the instant revision petition instant revision petition instant revision petition is is is ers shall be entitled to recover allowed. The petitioners shall be entitled to recover ers shall be entitled to recover their due amount up to maximum limit of `34,00,000/- their due amount up to maximum limit of `34,00,000/ their due amount up to maximum limit of `34,00,000/ being surety bond amount from the compensation being surety bond amount from the compensation being surety bond amount from the compensation amount payable for the acquired land in question. amount payable for the acquired land in question. amount payable for the acquired land in question. The balance compensation amount of the acquired The balance compensation amount of the acquired The balance compensation amount of the acquired rightful persons at the land shall be released to rightful persons at the land shall be released to earliest in accordance with law. After recovery of due earliest in accordance with law. After recovery of due earliest in accordance with law. After recovery of due amount by the petitioners, the balance amount, if any, amount by the petitioners, the balance amount, if any, amount by the petitioners, the balance amount, if any, shall also be out of the amount of `34,00,000/- shall also be out of the amount of `34,00,000/ SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [4] released to the rightful persons in accordance with released to the rightful persons in accordance with released to the rightful persons in accordance with law. f the revision petition, interim With disposal of the revision petition, interim With disposal o order dated 16.12.2004 passed by this Court in the order dated 16.12.2004 passed by this Court in the order dated 16.12.2004 passed by this Court in the revision petition stands modified accordingly. revision petition stands modified accordingly. Pending miscellaneous application, Pending miscellaneous application, Pending miscellaneous application, if any, if any, if any, stands disposed of as infructuous.” stands disposed of as infructuous.” Subsequently, a review application was fil ed on behalf of a review application was filed on behalf of one of the legal heirs of the landowner one of the legal heirs Mela Ram, however, the of the landowner- Mela Ram, however, the same came to be withdrawn on 11.10.2013. For convenience, the same came to be withdrawn on 11.10.2013. For convenience, the same came to be withdrawn on 11.10.2013. For convenience, the same came to be withdrawn on 11.10.2013. For convenience, the said order is reproduced hereunder:- said order 2013 “C.M. No.20645-CII-2013 Learned counsel Learned counsel Learned counsel for for for the applicant, after the applicant, after the applicant, after for sometime, seeks permission to withdraw arguing for sometime, seeks permission to withdraw for sometime, seeks permission to withdraw the instant application, without prejudice to any other the instant application, without prejudice to any other the instant application, without prejudice to any other right or remedy of the applicant, in accordance with right or remedy of the applicant, in accordance with right or remedy of the applicant, in accordance with law. Dismissed as withdrawn, as prayed for. Dismissed as withdrawn, as prayed for. Oct. 11, 2013 Sd/-(L.N. Mittal) JUDGE” 4. In terms of the decision rendered by this court in CR No. In terms of the decision rendered by this court in CR No. In terms of the decision rendered by this court in CR No. was 2004, the compensation amounting to Rs.29,36,787/- was 2004, the compensation amounting to Rs.29,36,787/ 6133-2004, the compensation amounting to Rs.29,36,787/ respondent No.6. Later, the private respondents released in favour of respondent No.6. Later, the private respondents respondent No.6. Later, the private respondents released in favour of being the legal heirs of deceased Mela Ram filed execution being the legal heirs of deceased Mela Ram filed execution being the legal heirs of deceased Mela Ram filed execution being the legal heirs of deceased Mela Ram filed execution ication before the Reference Court for release of balance amount application before the Reference Court for release of balance amount ication before the Reference Court for release of balance amount ication before the Reference Court for release of balance amount of compensation in terms of decision dated 25.07.2013 read with of compensation in terms of decision dated 25.07.2013 read with of compensation in terms of decision dated 25.07.2013 read with of compensation in terms of decision dated 25.07.2013 read with 2004. order dated 11.10.2013 passed by this Court in CR No.6133-2004. order dated 11.10.2013 passed by this Court in CR No.6133 order dated 11.10.2013 passed by this Court in CR No.6133 SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [5] The said execution application was dismissed by the Court of The said execution application was dismissed by the Court of The said execution application was dismissed by the Court of The said execution application was dismissed by the Court of dditional District Judge, Karnal vide order dated 06.03.2014. Additional District Judge, Karnal vide order dated 06.03.2014. dditional District Judge, Karnal vide order dated 06.03.2014. 5. filed Aggrieved thereof, CR No. 4548 of 2014 came to be filed Aggrieved thereof, CR No. 4548 of 2014 came to b which was allowed by this Court vide decision dated 01.11.2017 which was allowed by this Court vide decision dated 01.11.2017 which was allowed by this Court vide decision dated 01.11.2017 which was allowed by this Court vide decision dated 01.11.2017 directing the District Judge, Karnal to re-visit the controvers directing the District Judge, Karnal to re thereby directing the District Judge, Karnal to re visit the controversy. the order dated 01.11.2017 passed by this The relevant extract from the order dated 01.11.2017 passed by this the order dated 01.11.2017 passed by this The relevant extract Court is reproduced hereunder:- Court is reproduced hereunder: “Since the original amount was deposited by the Since the original amount was deposited by the Since the original amount was deposited by the State Government in the Treasury even before passing the State Government in the Treasury even before passing the State Government in the Treasury even before passing the in time to award in question, the amount was not released in time to award in question, the amount was not released the petitioners on account of stay order granted at the the petitioners on account of stay order granted at the the petitioners on account of stay order granted at the instance of one of instance of one of instance of one of the the the functionaries of functionaries of functionaries of the State the State the State Government in CR No.6133 of 2004, the delay, if any, in Government in CR No.6133 of 2004, the delay, if any, in Government in CR No.6133 of 2004, the delay, if any, in disbursement of the amount to the rightful claimants was on disbursement of the amount to the rightful claimants was on disbursement of the amount to the rightful claimants was on happening for which no fault can be account of inevitable happening for which no fault can be happening for which no fault can be attributed to the petitioners. The petitioners were entitled to attributed to the petitioners. The petitioners were entitled to attributed to the petitioners. The petitioners were entitled to interest on the compensation granted to them. In normal interest on the compensation granted to them. In normal interest on the compensation granted to them. In normal circumstances, circumstances, circumstances, the compensation the compensation the compensation is allowed is allowed is allowed to be to be to be deposited in the Court, but somehow the amount was deposited in the Court, but somehow the amount was deposited in the Court, but somehow the amount was State in the Treasury on deposited by the respondent-State in the Treasury on deposited by the respondent 5.11.2003. Secondly, the disbursement of the amount was Secondly, the disbursement of the amount was Secondly, the disbursement of the amount was stayed by the High Court only at the instance of Excise stayed by the High Court only at the instance of Excise stayed by the High Court only at the instance of Excise Department after deduction of liability of Mala Ram to the Department after deduction of liability of Mala Ram to the Department after deduction of liability of Mala Ram to the payable to the petitioners tune of Rs.34 lacs. The amount payable to the petitioners tune of Rs.34 lacs. The amount should have been calculated up to the date of payment of should have been calculated up to the date of payment of should have been calculated up to the date of payment of aforesaid amount of Rs.34 aforesaid amount of Rs.34 aforesaid amount of Rs.34 lacs in lacs in lacs in favour of Excise favour of Excise favour of Excise Department. In view of peculiar facts and circumstances of the In view of peculiar facts and circumstances of the In view of peculiar facts and circumstances of the ion by case, I deem it appropriate to allow this revision petition by case, I deem it appropriate to allow this revision petit directing the District Judge to revisit the controversy and directing the District Judge to revisit the controversy and directing the District Judge to revisit the controversy and SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [6] allow necessary calculations to be made on the basis of allow necessary calculations to be made on the basis of allow necessary calculations to be made on the basis of rate of interest payable at the relevant time till deduction of rate of interest payable at the relevant time till deduction of rate of interest payable at the relevant time till deduction of amount to the tune of Rs. 34 lacs from total compensation amount to the tune of Rs. 34 lacs from total compensation amount to the tune of Rs. 34 lacs from total compensation fter towards future interest till final realization of and thereafter towards future interest till final realization of fter towards future interest till final realization of the arrears of interest payable to the petitioners. the arrears of interest payable to the petitioners. Accordingly, this revision petition Accordingly, this revision petition is allowed in the aforesaid terms.” is allowed in the aforesaid terms.” In compliance of the aforesaid order, the Court of In compliance of the aforesaid order, the Court of In compliance of the aforesaid order, the Court of Judge, Karnal found the private respondents to be Additional District Judge, Karnal found the private respondents to be Judge, Karnal found the private respondents to be Additional District entitled entitled entitled fter deducting for a sum of Rs.54,07,296.46 paise. After deducting for a sum of Rs.54,07,296.46 p for a sum of Rs.54,07,296.46 p Rs.5,74,735/- being payable to respondent No.6 Rs.5,74,735/ was directed that being payable to respondent No.6, it was directed that the remaining sum of Rs.48,32,561/- the remaining sum of Rs.48,32,561/ be released in favour of private be released in favour of private 2.2014 till respondents along with interest @ 6% per annum from 05.02.2014 till respondents along with interest @ 6% per annum from 05. respondents along with interest @ 6% per annum from 05. its realization. its realization. 6. Aggrieved against the impugned order dated 14.11.2018, Aggrieved against the impugned order dated 14.11.2018, Aggrieved against the impugned order dated 14.11.2018, that once the total amount of learned State counsel submitted that once the total amount of that once the total amount of learned State counsel su assessed in favour of Mela Ram was Rs.29,36,787/- assessed in favour of Mela Ram was Rs.29,36,787/ compensation assessed in favour of Mela Ram was Rs.29,36,787/ compensation and the same stood deposited with the Treasury by the Land and the same stood deposited with the Treasury by the Land and the same stood deposited with the Treasury by the Land and the same stood deposited with the Treasury by the Land Acquisition Collector, no further amount remained to be paid to the Acquisition Collector, no further amount remained to be paid to the Acquisition Collector, no further amount remained to be paid to the Acquisition Collector, no further amount remained to be paid to the her submitted that the disbursement of private respondents. He further submitted that the disbursement of her submitted that the disbursement of private respondents. He furt by this the aforementioned amount of compensation was stayed by this the aforementioned amount of compensation was stayed the aforementioned amount of compensation was stayed 2004 and Court vide order dated 16.12.2004 passed in CR No.6133-2004 and Court vide order dated 16.12.2004 passed in CR No.6133 Court vide order dated 16.12.2004 passed in CR No.6133 the said interim direction remained operation till 25.07.2013, as such the said interim direction remained operation till 25.07.2013, as such the said interim direction remained operation till 25.07.2013, as such the said interim direction remained operation till 25.07.2013, as such the private respondents were not entitled for any interest on the the private responden said ts were not entitled for any interest on the said amount of compensation. He also submitted that once the landowner amount of compensation. He also submitted that once the landowner amount of compensation. He also submitted that once the landowner amount of compensation. He also submitted that once the landowner SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [7] or his legal heirs failed to invoke their rights under Section 33 of the or his legal heirs failed to invoke their rights under Section 33 of the or his legal heirs failed to invoke their rights under Section 33 of the or his legal heirs failed to invoke their rights under Section 33 of the the 1894 Act, having failed to file an appropriate application before the 1894 Act, having failed to file an appropriate application before 1894 Act, having failed to file an appropriate application before , nothing Reference Court for investing the amount of compensation, nothing Reference Court for investing the amount of compensation Reference Court for investing the amount of compensation remained payable to the private respondents. remained payable to the private respondents. remained payable to the private respondents. 7. On the other hand, learned counsel appearing on behalf On the other hand, learned counsel appearing on behalf On the other hand, learned counsel appearing on behalf of private respondents while supporting the order passed by the of private respondents while supporting the order passed by the of private respondents while supporting the order passed by the of private respondents while supporting the order passed by the ict Judge, Karnal, submitted that the order dated Additional District Judge, Karnal, submitted that the order dated ict Judge, Karnal, submitted that the order dated Additional Distr 14.11.2018 was passed in terms of the directions issued by this Court 14.11.2018 was passed in terms of the directions issued by this Court 14.11.2018 was passed in terms of the directions issued by this Court 14.11.2018 was passed in terms of the directions issued by this Court vide its decision its decision dated 01.11.2017 in CR 2013, wherein dated 01.11.2017 in CR-4548-2013, wherein entitlement of the private respondents towards grant of interest on the entitlement of the private respondents towards grant of interest on the entitlement of the private respondents towards grant of interest on the entitlement of the private respondents towards grant of interest on the . He nt of compensation stood determined and crystallized. He nt of compensation stood determined and crystallized amount of compensation stood determined and crystallized order dated 01.11.2017 having become final further submitted that order dated 01.11.2017 having become final order dated 01.11.2017 having become final further submitted that between the parties, no interference was called for with the impugned between the parties, no interference was called for with the impugned between the parties, no interference was called for with the impugned between the parties, no interference was called for with the impugned order in the present revision petition. order in the present revision petition. 8. ed counsel for the parties and gone I have heard learned counsel for the parties and gone ed counsel for the parties and gone through the paper book. I am unable to find any substance in the through the paper book. I am unable to find any substance in the through the paper book. I am unable to find any substance in the through the paper book. I am unable to find any substance in the submissions made on behalf of the petitioners. submissions made on behalf of the petitioners. submissions made on behalf of the petitioners. 9. Before considering the merits of the present revision Before considering the merits of the present revision Before considering the merits of the present revision rovisions of 1894 Act petition, it may be relevant to examine certain provisions of 1894 Act petition, it may be relevant to examine petition, it may be relevant to examine and the same are reproduced hereunder:- and the same are reproduced hereunder: and the same are reproduced hereunder: ayment of compensation or deposit of same in “31. Payment of compensation or deposit of same in ayment of compensation or deposit of same in (1) On making an award under section 11, Court:-- (1) On making an award under section 11, (1) On making an award under section 11, the Collector shall the Collector shall the Collector shall tender payment of tender payment of tender payment of the the the compensation awarded by him compensation awarded by him compensation awarded by him to to to the persons the persons the persons interested entitled thereto according to the award and interested entitled thereto according to the award and interested entitled thereto according to the award and SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255--2020 (O&M) [8] shall pay it to them unless prevented by some one or shall pay it to them unless prevented by some one or shall pay it to them unless prevented by some one or ies mentioned in the next sub- more of the contingencies mentioned in the next sub more of the contingenc section. (2) If they shall not consent to receive it, or if there If they shall not consent to receive it, or if there If they shall not consent to receive it, or if there be no person competent to alienate the land, or if be no person competent to alienate the land, or if be no person competent to alienate the land, or if there be any dispute as to the title to receive the there be any dispute as to the title to receive the there be any dispute as to the title to receive the compensation or as to the apportionment of it, the compensation or as to the apportionment of it, the compensation or as to the apportionment of it, the tor Collector tor shall deposit shall deposit shall deposit the amount of the amount of the amount of the the the compensation in the Court to which a reference under compensation in the Court to which a reference under compensation in the Court to which a reference under section 18 would be submitted: section 18 would be submitted: Provided Provided Provided that any person admitted that any person admitted that any person admitted to be to be to be interested may receive such payment under protest interested may receive such payment under protest interested may receive such payment under protest as to the sufficiency of the amount: as to the sufficiency of the amount: also that no person who has received Provided also that no person who has received also that no person who has received the amount otherwise than under protest shall be the amount otherwise than under protest shall be the amount otherwise than under protest shall be entitled entitled entitled to make any application under section to make any application under section to make any application under section 18:Provided also that nothing herein contained shall 18:Provided also that nothing herein contained shall 18:Provided also that nothing herein contained shall affect the liability of any person, who may receive the affect the liability of any person, who may receive the affect the liability of any person, who may receive the art of any compensation awarded whole or any part of any compensation awarded art of any compensation awarded under this Act, to pay the same to the person lawfully under this Act, to pay the same to the person lawfully under this Act, to pay the same to the person lawfully entitled thereto. (3) Notwithstanding anything in this section, the Notwithstanding anything in this section, the Notwithstanding anything in this section, the Collector may, with the sanction of the [appropriate Collector may, with the sanction of the [appropriate Collector may, with the sanction of the [appropriate Government] Government] Government] instead of awarding a money instead of awarding a money instead of awarding a money tion in respect of any land, make any compensation in respect of any land, make any tion in respect of any land, make any arrangement with a person having a limited interest in arrangement with a person having a limited interest in arrangement with a person having a limited interest in such land, either by the grant of other lands in such land, either by the grant of other lands in such land, either by the grant of other lands in exchange, the remission of land revenue on other exchange, the remission of land revenue on other exchange, the remission of land revenue on other lands held under the same title, or in such other way lands held under the same title, or in such other way lands held under the same title, or in such other way quitable having regard to the interests of as may be equitable having regard to the interests of quitable having regard to the interests of the parties concerned. the parties concerned. (4) Nothing in the last foregoing sub section shall Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the be construed to interfere with or limit the power of the be construed to interfere with or limit the power of the Collector to enter into any arrangement with any Collector to enter into any arrangement with any Collector to enter into any arrangement with any SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255--2020 (O&M) [9] d competent to person interested in the land and competent to person interested in the land an contract in respect thereof.” contract in respect thereof.” 32. Investment of money deposited in respect Investment of money deposited in respect Investment of money deposited in respect of lands belonging to persons incompetent to of lands belonging to persons incompetent to of lands belonging to persons incompetent to alienate (1) If any money shall be deposited in Court under If any money shall be deposited in Court under If any money shall be deposited in Court under section (2) of the last preceding section and it sub-section (2) of the last preceding section and it section (2) of the last preceding section and it that the land in respect whereof the same appears that the land in respect whereof the same that the land in respect whereof the same was awarded belonged to any person who had no was awarded belonged to any person who had no was awarded belonged to any person who had no power to alienate the same, the Court shall power to alienate the same, the Court shall (a) order the money to be invested in the purchase order the money to be invested in the purchase order the money to be invested in the purchase of other lands to be held under the like title and of other lands to be held under the like title and of other lands to be held under the like title and ownership as the land in respect conditions of ownership as the land in respect ownership as the land in respect of which such money shall have been of which such money shall have been of which such money shall have been deposited was held, or deposited was held, or (b) if such purchase cannot be effected forthwith, if such purchase cannot be effected forthwith, if such purchase cannot be effected forthwith, then in such Government or other approved then in such Government or other approved then in such Government or other approved securities as the Court shall think fit, securities as the Court shall think fit, f the interest or other and shall direct the payment of the interest or other and shall direct the payment o proceeds arising from such investment to the person proceeds arising from such investment to the person proceeds arising from such investment to the person or persons who would for the time being have been or persons who would for the time being have been or persons who would for the time being have been entitled to the possession of the said land, and such entitled to the possession of the said land, and such entitled to the possession of the said land, and such moneys shall remain so deposited and invested until moneys shall remain so deposited and invested until moneys shall remain so deposited and invested until --- the same be applied--- (i) n in n the purchase of such other the purchase of such other the purchase of such other lands as lands as lands as aforesaid; or (ii) in payment to any person or persons becoming in payment to any person or persons becoming in payment to any person or persons becoming absolutely entitled thereto. absolutely entitled thereto. (2) In all cases of moneys deposited to which this In all cases of moneys deposited to which this In all cases of moneys deposited to which this section applies, the Court shall order the costs of the section applies, the Court shall order the costs of the section applies, the Court shall order the costs of the uding therein all reasonable following matters, including therein all reasonable following matters, incl charges and expenses incidental thereto, to be paid charges and expenses incidental thereto, to be paid charges and expenses incidental thereto, to be paid by the Collector, namely:-- by the Collector, namely: (a) the costs of such the costs of such the costs of such investments as investments as investments as SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [10] aforesaid; (b) the costs of the orders for the payment of the costs of the orders for the payment of the costs of the orders for the payment of the interest or other proceeds of the the interest or other proceeds of the the interest or other proceeds of the n which such moneys are securities upon which such moneys are securities upo for the time being invested, and for the for the time being invested, and for the for the time being invested, and for the payment out of Court of the principal of payment out of Court of the principal of payment out of Court of the principal of such moneys, and of all proceedings such moneys, and of all proceedings such moneys, and of all proceedings relating thereto, except such as may be relating thereto, except such as may be relating thereto, except such as may be occasioned by litigation between adverse occasioned by litigation between adverse occasioned by litigation between adverse claimants. claimants. 33. y deposited in other Investment of money deposited in other Investment of mone When any money shall have been cases--When any money shall have been When any money shall have been deposited in Court under this Act for any cause deposited in Court under this Act for any cause deposited in Court under this Act for any cause other than mentioned in the last preceding other than mentioned in the last preceding other than mentioned in the last preceding section, the Court may, on the application of section, the Court may, on the application of section, the Court may, on the application of any party interested or claiming an interest in any party interested or claiming an interest in any party interested or claiming an interest in order the same to be invested in such money, order the same to be invested in order the same to be invested in such Government or other approved securities such Government or other approved securities such Government or other approved securities as it may think proper, and may direct the as it may think proper, and may direct the as it may think proper, and may direct the interest or other proceeds of any such interest or other proceeds of any such interest or other proceeds of any such investment to be accumulated and paid in such investment to be accumulated and paid in such investment to be accumulated and paid in such manner as it may consider will give the parties manner as it may consider will give the parties manner as it may consider will give the parties terested therein the same benefit therefrom interested therein the same benefit therefrom terested therein the same benefit therefrom as they might have had from the land in respect as they might have had from the land in respect as they might have had from the land in respect whereof such money shall have been whereof such money shall have been whereof such money shall have been deposited or as near thereto as may be.” deposited or as near thereto as may be.” A perusal of the aforementioned provisions shows that in A perusal of the aforementioned provisions shows that in A perusal of the aforementioned provisions shows that in entitlement to deceased the compensation case of a dispute as to the entitlement to deceased the compensation entitlement to deceased the compensation case of a dispute as to the or as to the apportionment of it, the Collector is required to deposit or as to the apportionment of it, the Collector is required to deposit or as to the apportionment of it, the Collector is required to deposit or as to the apportionment of it, the Collector is required to deposit the amount of compensation in the Court to which reference under the amount of compensation in the Court to which reference under the amount of compensation in the Court to which reference under the amount of compensation in the Court to which reference under Section 18 lies. Section 18 lies. SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [11] 10. A cumulative analysis of A cumulative analysis of A cumulative analysis of the provisions extracted the provisions extracted the provisions extracted hereinabove show that in case of any dispute as to the title to receive bove show that in case of any dispute as to the title to receive show that in case of any dispute as to the title to receive the compensation or as to its apportionment, the Collector needs to the compensation or as to its apportionment, the Collector needs to the compensation or as to its apportionment, the Collector needs to the compensation or as to its apportionment, the Collector needs to deposit the compensation in the Court to which reference under deposit the compensation in the Court to which reference under deposit the compensation in the Court to which reference under deposit the compensation in the Court to which reference under upon the Section 18 of the 1894 Act is required to be filed and thereupon the Section 18 of the 1894 Act is required to be filed and there Section 18 of the 1894 Act is required to be filed and there Court need to invest the same in Government or other approve ourt needs to invest the same in Government or other approve to invest the same in Government or other approve securities as shall think fit. securities as shall think fit. Further, a conjoint reading of Sections 31 and 32 of the conjoint reading of Sections 31 and 32 of the conjoint reading of Sections 31 and 32 of the 1894 Act show that the same have been 1894 Act show that the same the have been exclusively dedicated to the ector to the Reference Court in case of deposit of amount by the Collector to the Reference Court in case of ector to the Reference Court in case of deposit of amount by the Coll dispute as to the title to receive the compensation or regarding dispute as to the title to receive the compensation or regarding dispute as to the title to receive the compensation or regarding dispute as to the title to receive the compensation or regarding apportionment thereof; whereas Section 33 happens to be general in apportionment thereof; whereas Section 33 happens to be general in apportionment thereof; whereas Section 33 happens to be general in apportionment thereof; whereas Section 33 happens to be general in nature relating to investment of any money which was required to be nature relating to investment of any money which was required to be nature relating to investment of any money which was required to be nature relating to investment of any money which was required to be deposited in the Court under the provisions of 1894 Act. deposited in the Thus, Court under the provisions of 1894 Act. Thus, Sections 32 and 33 of the 1894 Act govern two separate Sections 3 and distinct of the 1894 Act govern two separate and distinct situations. situations 11. Applying the aforesaid principle of law to the given facts Applying the aforesaid principle of law to the given facts Applying the aforesaid principle of law to the given facts and and circumstances, it is apparent that in the case in hand, the Land and circumstances, it is apparent that in the case in hand, the L and circumstances, it is apparent that in the case in hand, the L whether Acquisition Collector not being in a position to find out as to whether Acquisition Collector not being in a position to find out as to Acquisition Collector not being in a position to find out as to the amount of compensation was to be paid to the landowner i.e. the amount of compensation was to be paid to the landowner the amount of compensation was to be paid to the landowner the amount of compensation was to be paid to the landowner Mela Ram or to the office of respondent No.6 was required to deposit Mela Ram or to the office of respondent No.6 was required to deposit Mela Ram or to the office of respondent No.6 was required to deposit Mela Ram or to the office of respondent No.6 was required to deposit ing it with the Treasury, with the Reference Court rather than depositing it with the Treasury, with the Reference Court rather than deposit it with the Reference Court rather than deposit with so that the Reference Court could have invested the same either with so that the Reference Court could have invested the same so that the Reference Court could have invested the same the Government or approved security so as to safeguard the interest the Government or approved security so as to safeguard the interest the Government or approved security so as to safeguard the interest the Government or approved security so as to safeguard the interest SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [12] of the person entitled for the same. of the person entitled for the same. Having failed to comply with the mandate of Section 31 of Having failed to comply with the mandate of Section 31 o Having failed to comply with the mandate of Section 31 o , it does not lie in the mouth of the petitioners that the the 1894 Act, it does not lie in the mouth of the petitioners that the , it does not lie in the mouth of the petitioners that the the 1894 Act Mela Ram were private respondents/ successors of the landowner –Mela Ram were private respondents/ successors of the landowner private respondents/ successors of the landowner on the amount of compensation awarded not entitled for any interest on the amount of compensation awarded on the amount of compensation awarded not entitled for any interest under Section 11 of the 1894 Act. In fact in terms under Section 11 of the 1894 Act of Section 34 of the . In fact in terms of Section 34 of the 1894 Act, the compensation amount not being deposited by the 1894 Act, the compensation amount not being deposited by the 1894 Act, the compensation amount not being deposited by the 1894 Act, the compensation amount not being deposited by the Collector entailed liability to pay interest thereupon @ 9% per annum Collector entailed liability to pay interest thereupon @ 9% per annum Collector entailed liability to pay interest thereupon @ 9% per annum Collector entailed liability to pay interest thereupon @ 9% per annum for the first year from the time of taking possession of the acquired for the first year from the time of taking possession of the acquired for the first year from the time of taking possession of the acquired for the first year from the time of taking possession of the acquired ereafter, interest @ 15% per land and for the period beyond thereafter, interest @ 15% per land and for the period beyond th land and for the period beyond th Accordingly there was no merit in the contention raised by annum. Accordingly there was no merit in the contention raised by Accordingly there was no merit in the contention raised by Accordingly there was no merit in the contention raised by absence of the private respondents having the petitioners that in the absence of the private respondents having absence of the private respondents having the petitioners that in the invoked Section 33 of the 1894 Act, they were not entitled for any invoked Section 33 of the 1894 Act, they were not entitled for any invoked Section 33 of the 1894 Act, they were not entitled for any invoked Section 33 of the 1894 Act, they were not entitled for any , as the provisions of Section 33 of the 1894 Act benefit of interest etc., as the provisions of Section 33 of the 1894 Act , as the provisions of Section 33 of the 1894 Act benefit of interest etc. the same being governed were never applicable to the facts in hand; the same being governed were never applicable to the facts in hand were never applicable to the facts in hand by provisions of Sections 31 and 32 of the 1894 Act, as discussed by provisions of Sections 31 and 32 of the 1894 Act, as discussed by provisions of Sections 31 and 32 of the 1894 Act, as discussed by provisions of Sections 31 and 32 of the 1894 Act, as discussed hereinabove. hereinabove. Moreover, once the amount of compensation was never Moreover, once the amount of compensation was never Moreover, once the amount of compensation was never deposited with the Reference Court, the private respondents could deposited with the Reference Court, the private respondents could deposited with the Reference Court, the private respondents could deposited with the Reference Court, the private respondents could 2 or Section 33 of the 1894 Act and not have invoked either Section 32 or Section 33 of the 1894 Act and 2 or Section 33 of the 1894 Act and not have invoked either Section 3 therefore, the petitioners cannot be permitted to draw benefit of their therefore, the petitioners cannot be permitted to draw benefit of their therefore, the petitioners cannot be permitted to draw benefit of their therefore, the petitioners cannot be permitted to draw benefit of their own wrong and that too, to the disadvantage of the landowners. own wrong and that too, to the disadvantage of th own wrong and that too, to the disadvantage of th 12. Furthermore, the petitioners have failed to refer to any Furthermore, the petitioners have failed to refer to any Furthermore, the petitioners have failed to refer to any provision under 1894 Act regarding the automatic adjustment of provision under 1894 Act regarding the automatic adjustment of provision under 1894 Act regarding the automatic adjustment of provision under 1894 Act regarding the automatic adjustment of SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [13] compensation amount against any kind of statutory liability payable compensation amount against any kind of statutory liability payable compensation amount against any kind of statutory liability payable compensation amount against any kind of statutory liability payable here happened to be by the landowner and, therefore, mere fact that there happened to be by the landowner and, therefore, mere fact that t by the landowner and, therefore, mere fact that t amount payable by the landowner against some kind of surety some amount payable by the landowner against some kind of surety amount payable by the landowner against some kind of surety amount payable by the landowner against some kind of surety bonds/ guarantee furnished with the statutory authority bonds/ guarantee , could have furnished with the statutory authority, could have never ever precluded never ever precluded never ever precluded the Land Acquisition Collector the Land Acquisition Collector the Land Acquisition Collector towards towards compliance of its statutory obligation deri compliance of Section 31 of the obligation derived from Section 31 of the 1894 Act which enjoined the authority i.e. the Land Acquisition 1894 Act which enjoined the authority i.e. the Land Acquisition 1894 Act which enjoined the authority i.e. the Land Acquisition 1894 Act which enjoined the authority i.e. the Land Acquisition Collector Collector to deposit to deposit to deposit the amount of compensation before the amount of compensation before the amount of compensation before the the the there being dispute qua its entitlement. Reference Court in case of there being dispute qua its entitlement. there being dispute qua its entitlement. Reference Court in case 13. Moreover, appreciating Moreover, appreciating ial difference and the material difference and the mater distinction between the two separate and specific rights between the distinction between the two separate and specific rights between the distinction between the two separate and specific rights between the distinction between the two separate and specific rights between the landowner towards compensation against the acquired land in landowner towards compensation against the acquired land in landowner towards compensation against the acquired land in landowner towards compensation against the acquired land in comparison to the remedy available to respondent No.6 qua comparison to the remedy available to respondent No.6 qua comparison to the remedy available to respondent No.6 qua comparison to the remedy available to respondent No.6 qua ner, this Court enforcement of surety bond furnished by the landowner, this Court enforcement of surety bond furnished by the landow enforcement of surety bond furnished by the landow vide its order dated 01.11.2017 found the landowner/ his successors vide its order dated 01.11.2017 found the landowner/ his successors vide its order dated 01.11.2017 found the landowner/ his successors vide its order dated 01.11.2017 found the landowner/ his successors to be entitled for interest on the compensation granted to them and to be entitled for interest on the compensation granted to them and to be entitled for interest on the compensation granted to them and to be entitled for interest on the compensation granted to them and the said decision having become final between the parties to the the said decision having become final between the parties to the the said decision having become final between the parties to the the said decision having become final between the parties to the present lis lis, cannot be re-agitated and reopened at this stage by way agitated and reopened at this stage by way of present revision petition. of present revision petition. 14. Even further, no merits can be found in the contention Even further, no merits can be found in the contention Even further, no merits can be found in the contention raised on behalf of learned counsel appearing for the petitioners that raised on behalf of learned counsel appearing for the petitioners that raised on behalf of learned counsel appearing for the petitioners that raised on behalf of learned counsel appearing for the petitioners that once disbursement of compensation was stayed vide order dated once disbursement of compensation was stayed vide order dated once disbursement of compensation was stayed vide order dated once disbursement of compensation was stayed vide order dated 16.12.2004 in CR No. 6133 2004, interest could not be awarded in .12.2004 in CR No. 6133-2004, interest could not be awarded in 2004, interest could not be awarded in favour of the private respondents. favour of the private respondents. SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document CR-2255- -2020 (O&M) [14] In the humble opinion of this Court, the stay granted on In the humble opinion of this Court, the stay granted on In the humble opinion of this Court, the stay granted on 16.12.2004 was merely qua disbursement of compensation and the 16.12.2004 was merely qua disbursement of compensation and the 16.12.2004 was merely qua disbursement of compensation and the 16.12.2004 was merely qua disbursement of compensation and the of statutory obligation same was never regarding compliance of statutory obligation same was never regarding compliance same was never regarding compliance envisaged under Section 31 of the 1894 Act about its deposit with the envisaged under Section 31 of the 1894 Act about its deposit with the envisaged under Section 31 of the 1894 Act about its deposit with the envisaged under Section 31 of the 1894 Act about its deposit with the Reference Court. Reference Court. 15. Thus, Thus, Thus, in view of in view of in view of the detailed discussion made the detailed discussion made the detailed discussion made and also the reasons mentioned in the impugned order hereinabove and also the reasons mentioned in the impugned order and also the reasons mentioned in the impugned order hereinabove n awarded in favour of the landowners whereby the interest has been awarded in favour of the landowners n awarded in favour of the landowners whereby the interest has bee merely as per Fixed Deposit Rate for the relevant period from merely as per Fixed Deposit Rate for the relevant period from merely as per Fixed Deposit Rate for the relevant period from merely as per Fixed Deposit Rate for the relevant period from 05.11.2003 to 05.02.2014 and interest @ 6% per annum from 05.11.2003 to 05.02.2014 and interest @ 6% per annum from 05.11.2003 to 05.02.2014 and interest @ 6% per annum from 05.11.2003 to 05.02.2014 and interest @ 6% per annum from 05.02.2014 till realization, the same being equitable in the facts and 05.02.2014 till realization, the same being equitable in the facts and 05.02.2014 till realization, the same being equitable in the facts and 05.02.2014 till realization, the same being equitable in the facts and t case, calls for no interference and as circumstances of the present case, calls for no interference and as t case, calls for no interference and as circumstances of the presen such the present revision petition being devoid of merits, is therefore, such the present revision petition being devoid of merits, is therefore, such the present revision petition being devoid of merits, is therefore, such the present revision petition being devoid of merits, is therefore, dismissed. dismissed. 16. Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand disposed of. disposed of. .2025 09.07.2025 sanjay (HARKESH MANUJA) (HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.07.14 13:48 I attest to the accuracy and integrity of this document