Punjab-Haryana High Court
Hindustan Petroleum Corporation Ltd. vs Bharta And Ors. on 14 October, 1998
Equivalent citations: (1999)121PLR544
Author: T.H.B. Chalapathi
Bench: T.H.B. Chalapathi
ORDER T.H.B. Chalapathi, J.
1. Fifty seven Civil Revision Petitions (Civil Revision Nos. 3576 to 3630 of 1998, 3936 and 3937 of 1998) filed by Hindustan Petroleum Corporation Limited against various respondents in the abovesaid civil revision petitions are being disposed of by this common order as they arise out of the same Award and have been filed against the orders of the learned District Judge, Rohtak, dated 30.5.1998 and 13.6.1998.
2. The land of the respondents in these revision petitions have been acquired by the State of Haryana for Hindustan Petroleum Corporation Limited for putting up an LPG bottling plant and a lube depot at Bahadurgarh. On a reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the Act), the learned District Judge, Rohtak, passed an Award on 24.12.1994. Against the said Award regular first appeal bearing Nos.982 of 1995 to 1014 of 1995 were filed and this Court by an order dated May 30, 1995, declined to stay the operation of the Award. Thereafter the claimants filed Executions Applications on 31.8.1996. On 12.12.1997, an amount of Rs. 1,31,62,718.18 paise was deposited by the petitioner-Corporation. Thereafter, the matter is being adjourned by the District Judge, Rohtak, directing the parties to furnish fresh calculations in each Execution Application. On May 30, 1998, he passed the following order:-
"Calculations filed by the JDs are not in accordance with the shares of the decree holders/land holders. The amount has been deposited in lump-sum by the JDs. The JDs shall file correct calculations by the next date of hearing otherwise deposit of the amount made by the JDs will not be held to be valid deposit and decree holders shall be entitled to interest on this amount till the date of payment. Adjourned to 13.6.1998 for this purpose."
On 13.6.1998, he passed the following order:-
"Calculations not filed by the JD. so, the amount deposited cannot be disbursed. Interest will continue on the amount till payment of the amount deposited by the JDs is made to the decree holders. Adjourned 01.08.1998 for further proceedings."
3. Challenging the above orders dated 30.05.1998 and 13.6.1998, the petitioner-Corporation filed these Revision Petitions.
4. The land is acquired for the purpose of establishing an LPG-bottling plant and a lube depot to be run by the petitioner-Company. There is no dispute that the entire amount awarded by the District Judge has been deposited. It is for the Court to decide in each application the amount due to the decree holder and disburse the amount accordingly. It is pertinent to note that under Order 21 Rule 11(2)(g) of the Code of Civil Procedure, it is the duty of the decree holder to specify the amount with interest, if any, due upon the decree or other relief granted thereby and also under clause (h) of sub rule (2), the amount of costs awarded. The decree holders are entitled to a portion of the amount deposited in the Court by the petitioner Corporation according to the shares specified in the decree/award passed by the learned District Judge on the reference made under Section 18 of the Act and the execution application must contain all the particulars including the amount to which the decree holder is entitled to and his share in the amount. Therefore, there is no question of directing the judgmentdebtor to file a calculation memo. It is the duty of the Court to see as to what amount the decree holder in each of the execution application is entitled out of the amount deposited by the petitioner-Corporation to satisfy the award. A duty is also cast on the Court to disburse the amount in accordance with the decree. Therefore, I am of the opinion that the direction given by the Court to the judgment debtor to file the calculation memo and also direction that the amount would carry interest is not in accordance with the provisions of Order 21 Rule 11 of the C.P.C. The entire land was acquired under one notification. The amount as determined by the District Judge in the award on a reference under Section 18 of the Act has been admittedly deposited by the petitioner-Corporation. Therefore, on the deposit of the entire amount, the liability of the judgment debtor to pay any further interest from the date of deposit will cease and come to an end. Instead of adjourning the matter from time to time on the pretext that the judgment debtor has not filed the calculation memo, the court should have insisted upon each of the decree holders to file a memo as to what amount he/they is/are entitled to under the award passed. The award is a common award. Therefore, the petitioner-Corporation will not be in a position to know to which share each of the claimants is entitled to in the land acquired. I, therefore, modify the order of the learned District Judge and set aside the direction that the interest will continue to run till the filing of the correct calculation memo by the judgment debtor. The learned District Judge is hereby further directed that he shall call upon the decree holders to file the calculation memo to which each of them is entitled with the particulars of their shares in the land acquired and the amount to which they are entitled under the decree passed in their favour within 10 days after receipt of this order by the learned District Judge and the learned District Judge is further directed to disburse the amount to the claimants within a week thereafter, after verifying the amount claimed by the decree holder in accordance with the award passed in their favour. The District Judge is also further directed to see whether the amount deposited by the petitioner Corporation i.e., Rs. 1,31,62,718.18 is in accordance with the award passed by it and if that is so there is no question of directing the judgment debtor to deposit the interest thereon subsequent to the date of deposit.
5. With the above directions, all the 57 revisions petitions are disposed of accordingly. No costs.