Full Judgment Text
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CASE NO.:
Appeal (civil) 64 of 2007
PETITIONER:
RAKESH KUMAR JAIN & ANR
RESPONDENT:
STATE OF U.P.THR.COLLECTOR & ANR
DATE OF JUDGMENT: 05/01/2007
BENCH:
Dr.AR.LAKSHMANAN & ALTAMAS KABIR
JUDGMENT:
J U D G M E N T
(Arising out of SLP(C) No.2502/2006)
Dr.AR.LAKSHMANAN, J.
Leave granted.
Heard Mr.Rajiv Dutta, learned senior counsel appearing on behalf
of the appellants and Mr.Rakesh Uttamchandra Upadhyay, learned
counsel appearing on behalf of the respondent No.2 (Agra Development
Authority).
This appeal is directed against the final judgment and order
dt.20.10.2005 passed by the High Court of Judicature at Allahabad in
Civil Misc.Writ Petition No.15903/2002 whereby the High Court has
dismissed the Writ Petition filed by the present appellants/land owners.
The appellants were the owners of land of Khasra No.111A and 112B
measuring 7-6 Bighas situated at Mauza Lakhanpur Tehsil and District
Agra. The respondent No.2 without following the procedure for
acquiring the land under the Land Acquisition Act took forcible
possession of land in question on 31.08.2000. It is not in dispute that
respondent No.2 had not resorted to the provisions of Land Acquisition
Act. Being aggrieved by the arbitrary action of respondent No.2, the
appellants filed an Original Civil Suit No.358 of 2000 before the learned
Civil Judge (Junior Division), Agra for injunction to restrain the
respondent No.2 from encroaching and trespassing or taking, in any
manner, the possession of the land, by raising any construction of
laying road on the land of the appellants. The trial court issued notice
to the respondent Nos. 1 and 2. After the service of notice, the Civil
Court passed an order of injunction for maintaining the status quo with
respect to the land in question and the said order was extended from
time to time. Since an interim order was passed, the respondent No.2
gave an undertaking to pay compensation to the appellants for their
land of Khasra Plot No.111 at Mauza Lakhanpur Tehsil and District Agra
and that the said compensation shall be paid within a period of two
months from the date of the said undertaking i.e. 31.08.2000. This
undertaking was filed before the Vth Addl.Civil Judge, Junior Division,
Agra in Suit No.358 of 2000 which is marked as Annexure P-5 in the SLP
paperbook. The Vth Addl.Civil Judge, Junior Division, Agra, on the
basis of the above undertaking passed an order on 02.09.2000
disposing of the injunction application on the basis of the undertaking
given by the respondent No.2 to pay compensation to the appellants.
According to the second respondent, the amount of compensation
comes to Rs.17,84,974.50 which they have calculated @ 225/- per
sq.meter. The said amount, admittedly, as per the undertaking, was not
deposited within two months. However, a cheque for the amount of
Rs.17,84,974.50 dt.14.02.2002 drawn on Union Bank of India, Agra was
issued to the appellants. However, the appellants refused to the
receive the same since the said amount was not tendered as per the
undertaking. While tendering the Cheque dt.14.02.2002, the respondent
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No.2 called upon the appellants to convey their consent for withdrawal
of Suit No.358/2000 and also signifying their consent in writing that they
will not prefer any other claim in this regard so that the payment made
by the cheque can be given to them. Thereafter, the money was
deposited with the Vth Addl.Civil Judge, Junior Division, Agra. The
amount deposited is still lying in the said court.
The High Court while disposing of the Writ Petition filed by the
owners of land permitted the appellants herein to withdraw the entire
amount including interest, if any, which may have accrued thereon if the
same had been kept in some interest bearing account on furnishing the
certified copy of the said order before the court concerned. The High
Court has also observed that insofar as the claim of the appellants
herein regarding interest on delayed payment is concerned, the same
has no basis as the Agra Development Authority (respondent No.2) had
prepared the cheque and offered the same to the appellants herein
within the stipulated period and had deposited the said amount with the
Civil Court in the pending suit.
We have carefully perused the Annexures and the judgment
rendered by the High Court and also heard the arguments advanced by
learned counsel for the parties. In our opinion, the findings recorded by
the High Court in regard to the claim of interest by the appellants is
absolutely incorrect. Though the Agra Development Authority
(respondent No.2) had agreed to deposit the money within two months,
they had not done so. Admittedly, they had issued a cheque after one
year and five months and when the cheque was refused to be received
by the land owners, they deposited the same in the Civil Court which
does not carry any interest. Admittedly, the land owners have been
denied the beneficial use of the money. In our opinion, the appellants
have wrongly deprived of the beneficial use of their money. Therefore,
they are entitled to interest. We, therefore, set aside the order passed
by the High Court and award simple interest at the rate of 18% p.a. The
possession of the land was taken on 31.08.2000. Therefore, the Agra
Development Authority (Respondent No.2) is liable to pay simple
interest @ 18% on the sum of Rs.17,84,974.50 from 31.08.2000 till the
date of actual payment. In the meanwhile, the appellants are at liberty to
withdraw the sum of Rs.17,84,974.50 which is in deposit with the Civil
Court without furnishing any security and on production of a copy of
this Order. The said court is directed to refund the said amount to the
appellants on production of copy of Order of this Court.
We direct that the Agra Development Authority (respondent No.2)
shall not take any further time and pay the interest on or before
10.02.2007.
We hope and trust that the Agra Development Authority
(respondent No.2) shall strictly and punctually obey this Order.
The appeal stands disposed of in the above terms.
No costs.