Karnataka High Court
A Gopal Reddy vs Defence Estate Office on 24 March, 2022
Bench: S.Sujatha, Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2022
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT PETITION No.11372/2017
C/W
WRIT PETITION Nos.4871/2017, 11369/2017,
11370/2017, 11373/2017, 11374/2017,
12049/2017, 12050/2017, 12488/2017,
12489/2017 & 12965/2017(GM-RES)
W.P. No. 11372/2017:
BETWEEN :
1. G PAPAIAH REDDY
S/O GUNDAPPA
2. SMT.NAGARATHNA
W/O G.PAPAIAH REDDY,
BOTH ARE DEAD BY THEIR LR'S.
3. P.PRAKASH
S/O PAPAIAH REDDY
AGED ABOUT 40 YEARS,
OCC:NIL.
4. SRINIVASH REDDY
S/O PAPAIAH REDDY,
AGED ABOUT 37 YEARS,
-2-
OCC:NIL.
BOTH ARE RESIDENT OF
KAGGADASAPURA, K.R.PURA HOBLI,
BENGALURU EAST TALUK
BENGALURU-560 093.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE,
K.KAMARAJ ROAD,
BENGALURU-560 042
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V.TOWER, 3RD FLOOR,
AMBEDKAR ROAD
BENGALURU -560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 PRAYING TO SET ASIDE THE ORDER
JUDGMENT AND AWARD PASSED BY THE HON'BLE HIGH
COURT LOK-ADALATH COMMITTEE, BENGALURU IN
M.F.A.No.5397/1999 [LA.NO.220/2001] DTD.27.8.2001
VIDE ANNEX-A & B.
-3-
W.P. No.4871/2017
BETWEEN:
1. A GOPAL REDDY
S/O ANKAPPA,
AGED ABOUT 69 YEARS.
OCC:NIL.
2. A.AANAND
S/O ANKAPPA,
SINCE DEAD BY HIS LR'S.
2(a) M.RADHA,
W/O ANAND,
AGED ABOUT 50 YEARS,
OCC:NIL.
2(b) MANJUNATH
S/O ANAND,
AGED ABOUT 26 YEARS,
OCC:NIL, ALL ARE
R/O KAGGADASAPUR
BENGALURU EAST TALUK
BENGALURU-560 093.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE,
KARNATAKA & GOA CIRCLE,
K.KAMARAJ ROAD,
BENGALURU-560 042
BY ITS DEFENCE ESTATE OFFICER.
-4-
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V.TOWER, 3RD FLOOR,
AMBEDKAR ROAD,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI SHANTHI BHUSHAN, ASG, FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGMENT & AWARD PASSED
BY THE HON'BLE HIGH COURT LOK-ADALATH COMMITTEE,
BENGALURU IN MFA No.5403/1999(LA.NO.226/2001)
DTD.27.8.2001 VIDE ANNEX-A & B.
W.P. No.11369/2017
BETWEEN:
1. POOJAPPA
SINCE DECEASED BY HIS LRS
1(a) VENKATAPPA
S/O LATE POOJAPPA,
AGED ABOUT 75 YEARS,
OCC: NIL.
1(b) SMT. VENKATAMMA
D/O LATE POOJAPPA,
AGED ABOUT 73 YEARS,
OCC: NIL.
1(c) CHIKKAVENKATAPPA
S/O LATE POOJAPPA
AGED ABOUT 70 YEARS,
OCC: NIL.
-5-
1(d) SMT. GOURAMMA
D/O LATE POOJAPPA,
AGED ABOUT 68 YEARS,
OCC: NIL.
1(e) MUNIYAPPA
S/O LATE POOJAPPA,
AGED ABOUT 65 YEARS,
OCC: NIL.
1(f) P. NARAYANAPPA
S/O LATE POOJAPPA,
AGED ABOUT 63 YEARS,
OCC: NIL.
1(g) P. KRISHNAPPA
S/O LATE POOJAPPA,
AGED ABOUT 60 YEARS,
OCC: NIL.
ALL ARE R/O KAGGADASAPURA
K.R.PURA HOBLI
BENGALURU EAST TALUK
BENGALURU - 560 093.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE
K. KAMARAJ ROAD
BENGALURU - 560 042.
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V. TOWER, 3RD FLOOR
-6-
DR. AMBEDKAR ROAD
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGEMENT AND AWARD
PASSED BY THE HON'BLE HIGH COURT LOKADALATH
COMMITTEE, BENGALURU IN MFA NO.5409/99 [LOK
ADALATH NO.231/2001] DTD:21.9.2001 VIDE ANNEXURES
A & B.
W.P. No.11370/2017:
BETWEEN:
1. K NANJAREDDY
SINCE DEAD BY HIS LRS
1(a) M.K.NARAYANA REDDY
S/O KRISHNA REDDY
AGED ABOUT 65 YEARS
2. SMT. RATNAMMA
W/O R.MUNI REDDY,
SINCE DEAD BY HIS LRS
R.MUNI REDDY
S/O N. RAMAIAH,
AGED ABOUT 67 YEARS
BOTH ARE R/O KAGGADASAPURA
K.R.PURA HOBLI,
BENGALURU EAST TALUK
BENGALURU - 560 093.
...PETITIONERS
-7-
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE,
K. KAMARAJ ROAD,
BENGALURU - 560 042.
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V. TOWER, 3RD FLOOR,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGMENT AND AWARD
PASSED BY THE HON'BLE HIGH COURT LOK-ADALATH
COMMITTEE, BENGALURU IN M.F.A.5405/1999 (LA
No.215/2001) DATED 3.09.2001 VIDE ANNEX-A AND B.
W.P. No.11373/2017
BETWEEN:
SMT. NEELAMMA
D/O CHINNAMMA
AGED ABOUT 60 YEARS,
OCC: HOUSE WIFE,
R/O KAGGADASAPURA,
K.R. PURA HOBLI,
-8-
BENGLAURU EAST TALUK,
BENGLAURU -560 093. ...PETITIONER
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE,
REP. BY ITS
DEFENCE ESTATE OFFICER,
K. KAMARAJ ROAD,
BENGALURU - 560 042.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V. TOWER, 3RD FLOOR,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGMENT AND AWARD
PASSED BY THE HON'BLE HIGH COURT LOK-ADALATH
COMMITTEE, BENGALURU IN M.F.A.5412/1999 (LA
NO.241/2001) DATED 27.08.2001 VIDE ANNEX-A AND B.
W.P. No.11374/2017
BETWEEN:
1. A GOPAL REDDY
S/O ANKAPPA
AGED ABOUT 69 YEARS
OCC: NIL.
-9-
2. A. ANAND
S/O ANKAPPA
SINCE DEAD BY HIS L.RS.
2(a) M. RADHA,
W/O ANAND,
AGED ABOUT 50 YEARS
OCC: NIL.
2(b) MANJUNATHA
S/O ANAND
AGED ABOUT 26 YEARS
OCC: NIL.
ALL ARE R/O KAGGADASAPURA,
K.R. PURA HOBLI,
BENGLAURU EAST TALUK
BENGALURU - 560 092.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE,
K. KAMARAJ ROAD,
BENGALURU - 560 042.
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V. TOWER, 3RD FLOOR,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
- 10 -
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGMENT AND AWARD
PASSED BY THE HON'BLE HIGH COURT LOK-ADALATH
COMMITTEE BENGALURU IN MFA.5418/1999 (LA
NO.240/2001) DATED 3.9.2001 VIDE ANNEX-A AND B.
W.P. No.12049/2017:
BETWEEN:
1. V NARAYANASWAMY
S/O ERAPPA,
DEAD BY HIS LR'S
1(a) SMT. PUTTAMMA
W/O V NARAYANASWAMY,
AGED ABOUT 65 YEARS,
OCC:NIL.
1(b) NANDAGOPAL
S/O V NARAYANASWAMY,
AGED ABOUT 40 YEARS,
OCC:NIL.
1(c) N.BABU
S/O V NARAYANASWAMY,
AGED ABOUT 36 YEARS,
OCC:NIL.
ALL ARE R/O KAGGADASAPURA,
K.R.PURAM HOBLI
BENGALURU EAST TALUK
BENGALURU-93.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
- 11 -
1. DEFENCE ESTATE OFFICE
KARNATAKA AND GOA CIRCLE,
K.KAMARAJ ROAD,
BENGALURU-560 042
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V.TOWER, 3RD FLOOR,
AMBEDKAR ROAD,
BENGALURU-560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDA PRAYING
TO SET ASIDE THE ORDER JUDGMENT & AWARD PASSED
BY THE HON'BLE HIGH COURT LOK-ADALATH COMMITTEE,
BENGALURU IN M.F.A.5343/1999 (LA No.210/2001)
DATED 27.8.2001 VIDE ANNEX-A AND B.
W.P. No.12050/2017:
BETWEEN
1. P PRAKASH
S/O K.PAPAIAH REDDY,
AGED ABOUT 50 YEARS.
2. P. SRINIVAS
S/O K.PAPAIAH REDDY,
AGED ABOUT 48 YEARS,
OCC: NIL.
3. P RAJASHEKAR
S/O P.PAPAIAH REDDY,
AGED ABOUT 42 YEARS,
OCC: NIL .
- 12 -
ALL ARE R/AT KAGGADASAPURA
K.R.PURA HOBLI
BENGALURU EAST TALUK
BENGALURU - 560 093.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE
K.KAMARAJ ROAD,
BENGALURU - 560 042
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V.TOWER, 3RD FLOOR,
AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGMENT AND AWARD
PASSED BY THE HON'BLE HIGH COURT LOK-ADALATH
COMMITTEE BENGALURU IN MFA No.5413/99
[LA.NO.239/2001] DTD.27.8.2001 VIDE ANNEXS-A AND B.
- 13 -
W.P. No.12488/2017:
BETWEEN
1. TAYAPPA REDDY
S/O MUNISHAMAPPA,
SINCE DEAD BY HIS LR.S
1(a) SMT. NANJAMMA
W/O TAYAPPA REDDY,
AGED ABOUT 80 YEARS.
OCC: NIL.
1(b) T. MUNIRAJU
S/O TAYAPPA REDDY,
AGED ABOUT 65 YEARS,
OCC: NIL.
1(c) T. SRINIVASA
S/O TAYAPPA REDDY,
AGED ABOUT 58 YEARS,
OCC: NIL.
1(d) K. T. RAMACHANDRA
S/O TAYAPPA REDDY,
AGED ABOUT 55 YEARS,
OCC: NIL.
ALLL ARE R/O KAGGADASAPURA
K.R.PURA HOBLI,
BENGALURU EAST TALUK
BENGALURU - 560 093.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
- 14 -
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE
K.KAMARAJ ROAD,
BENGALURU - 560 042
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V.TOWER, 3RD FLOOR,
AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SMT.ANUPAMA HEGDE, CGC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGEMENT & AWARD PASSED
BY THE HON'BLE HIGH COURT LOK-ADALATH COMMITTEE,
BENGALURU IN M.F.A. No.5402/1999 (L.A.NO.512/2001)
DT.27.8.2001 VIDE ANNX-A & B.
W.P. No. 12489/2017:
BETWEEN:
SMT. RATNAMMA
W/O R MUNI REDDY,
SINCE DEAD BY LR'S.
R.MUNI REDDY
S/O N RAMAIAH,
AGED ABOUT 68 YEARS,
OCC:NIL, R/O KAGGADASAPURA,
K.R.PURA HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 093.
- 15 -
...PETITIONER
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE
K.KAMARAJ ROAD,
BENGALURU - 560 042
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V.TOWER, 3RD FLOOR,
AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGMENT AND AWARD
PASSED BY THE HON'BLE HIGH COURT LOK-ADALATH
COMMITTEE, BENGALURU IN M.F.A.No.5408/1999
(LA.NO.214/2001) DTD.3.9.2001 VIDE ANNEXS-A AND B.
W.P.No.12965/2017:
BETWEEN:
1. CHIKKASIDDAPPA @ CHIKKASIDDAREDDY
SINCE DEAD BY HIS LR'S.
1(a) SMT.PAPAMMA
- 16 -
W/O CHIKKASIDDAPPA,
AGED ABOUT 86 YEARS,
OCC:NIL.
1(b) SHAMANNA REDDY
S/O CHIKKASIDDAPPA,
AGED ABOUT 68 YEARS,
OCC:NIL.
1(c) C S GOPALREDDY
S/O CHIKKASIDDAPPA,
AGED ABOUT 65 YEARS,
OCC:NIL.
ALL ARE R/O KAGGADASAPURA,
K.R.PURA HOBLI,
BENGALURU EAST TALUK,
BENGALURU-560 093.
...PETITIONERS
(BY SRI JAYAKUMAR S PATIL, SENIOR COUNSEL A/W
SRI LOKESH MALAVALLI, ADVOCATE)
AND:
1. DEFENCE ESTATE OFFICE
KARNATAKA & GOA CIRCLE
K.KAMARAJ ROAD,
BENGALURU - 560 042
BY ITS DEFENCE ESTATE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER
V.V.TOWER, 3RD FLOOR,
AMBEDKAR ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M N KUMAR, CGSC FOR R1
SRI JEEVAN J NEERALGI, AGA FOR R2)
- 17 -
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO SET ASIDE THE ORDER JUDGMENT AND AWARD
PASSED BY THE HON'BLE HIGH COURT LOK-ADALATH
COMMITTEE, BENGALURU IN M.F.A.No.5386/1999 (LA
No.228/2001) DTD 27.08.2001 VIDE ANNX-A AND B.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY,
SHIVASHANKAR AMARANNAVAR J, PASSED THE
FOLLOWING;
ORDER
In these batch of writ petitions the petitioners have sought for setting aside the order and award passed by the High Court Lok Adalath Committee, Bengaluru dated 27.08.2001/03.09.2001/21.09.2001.
2. The facts leading to the filing of the present writ petitions are, that second respondent has acquired the lands of the petitioners and other properties for public purpose and published the Gazette Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short LA Act, 1894) invoking
- 18 -
emergency clause under Section 17 of the LA Act, 1894 vide notification bearing No. LAQ(2) SR-7/88-89 dated 16.07.1988 and final notification bearing No. RD/71/AQB/89 dated 19.01.1989 vide Karnataka Gazette dated 11.05.1989. Respondent No. 2 has awarded compensation at the rate of Rs.1,30,000/- per acre. Petitioners, dissatisfied with the award, have filed the reference application under Section 18 of the LA Act, 1894, claiming higher compensation of Rs.10,00,000/- per acre. Respondent No. 2 referred the matter under Section 18 of the LA Act, 1894 to City Civil Court, Bengaluru for adjudication of the reference applications. The Additional City Civil Court (CCH-17) after detailed enquiry and considering the documents and evidence on record fixed the compensation at Rs.2,48,000/- per acre. Respondent No. 1 - Defence Estate Officer preferred appeals before this Court in M.F.A. Nos. 5397/1999,
- 19 -
5403/1999, 5409/19999, 5405/1999, 5412/1999, 5418/1999, 5343/1999, 5413/1999, 5402/1999, 5408/1999 and 5386/1999. The said appeals have been referred to High Court Lok Adalat. The Lok Adalat on the basis of the joint memo filed by the appellants and the respondents, fixed the compensation at Rs.2,22,000/- per acre as against Rs.2,48,000/- per acre with a direction to deposit the award amount within two months before the reference Court. It is the contention of the petitioners that inspite of such direction, the respondents have not deposited the award amount as per the award passed in the Lok Adalat within two months. The petitioners have filed execution cases which are pending consideration before the reference Court. It is the contention of the petitioners that compromise was done forcibly and though the petitioners were not ready for compromise, it was done only on the
- 20 -
assurance that the amount will be deposited within two months from the date of the order. But, the respondents have not fully deposited the award amount. That respondent No.1 was depositing the award amount in installments and has not deposited the award amount in time as per the award passed by the Lok Adalat and therefore they have filed the present writ petitions seeking to recall the compromise recorded by the Lok Adalat on 27.08.2001. It is the contention of the petitioners that High Court Lok Adalat has no jurisdiction to compromise the matters where value of the property in dispute exceeds Rs.10,00,000/-.
3. Heard Sri. Jayakumar S. Patil, learned Senior Counsel along with Sri. Lokesh Malavalli for petitioners, Sri. M.N. Kumar and Smt. Anupama
- 21 -
Hegde, learned Central Government Standing Counsel for respondent No. 1.
4. It is the submission of the learned Senior Counsel that the respondents have not deposited the award amount along with statutory benefits and calculations made by the respondents is not proper. The respondents have made payments to persons who filed applications under Section 28-A of the LA Act, 1894 on the basis of the award passed by the High Court Lok Adalat with all statutory benefits and they are not making payment to petitioners on the basis of the same calculations paid to the persons who have approached under Section 28-A of the LA Act, 1894. 5. Learned counsel for respondent No. 1 contended that they have made proper calculations and deposited amount as per their calculations. It is
- 22 -
his further submission that the petitioners, consequently upon deposit of decretal amount before the reference Court had again approached the Lok Adalat stating that the calculations done by respondent No. 1 was not agreed to by them and requested the Lok Adalat for clarification. The Lok Adalat by its order dated 06.05.2002 has passed the order as under:
"As the matters are already disposed of by settlement, if claimants are not satisfied with the calculations or deposit it is open to levy execution so that the executing Court can pass appropriate orders."
6. It is their further submission that petitioners thereafter have filed execution petitions. It is their further submission that respondent No. 1 challenged the order passed by the executing Court in W.P. No.
- 23 -
4612/2004 and 4613/2004 before this Court and they were allowed with a direction to the executing Court for fresh disposal in accordance with law within a period of two months. It is their further submission that in similar acquisition cases respondent No. 1 had filed W.P. Nos. 50679/2012, 10615/2013, 10617/2013 and 10619/2013 before this Court against the orders passed by the executing Court and this Court while allowing the writ petitions has held that the respondents are not entitled for any interest on solatium prior to 19.09.2001 relying upon the judgment of the Hon'ble Apex Court in the case of Sunder Vs. Union of India reported in 2001 AIR SCW 3691 and in the case of Gurpreet Singh Vs. Union of India reported in (2006) 8 SCC 457. It is their further submission that petitioners did not make out any grounds for challenging the consent award passed by the Lok Adalat and the same was passed
- 24 -
without any force, coercion or undue influence. The petitioners after accepting the consent award passed way back in the year 2001 had prosecuted the execution petition before the executing Court and now after lapse of nearly 15 years have challenged the award passed by the Lok Adalat and therefore the petitions are not maintainable on the ground of delay and laches and the action of the petitioners is nothing but abuse of process of law.
7. Even though the petitions have been filed seeking setting aside of the award passed by the Lok Adalat dated 27.08.2001, learned counsel for the petitioners has not chosen to argue and make out any grounds for setting aside the award. Instead he chose to argue only regarding the manner of calculations of the amount as per the award. What is the amount the petitioners are entitled as per the award is to be
- 25 -
calculated by the executing Court. The petitioners have not challenged any order passed by the executing Court in the present writ petitions. The execution cases filed by the petitioners are pending before the reference Court. The petitioners are at liberty to agitate regarding the mode and method of proper calculation of the amount as per the award passed by the Lok Adalat, as per the decisions of the Apex Court and the order passed by this Court in W.P. No. 10617/2013 (LA-RES) dated 04.09.2013.
8. The award passed by the Lok Adalat is sought to be quashed on the ground that the petitioners have been forced to enter into compromise. The compromise came to be recorded before the Lok Adalat during August/September, 2001. The present petitions came to be filed in the year 2017. Till the filing of the present writ petitions the petitioners have not made the said allegation of forcing them to enter
- 26 -
into compromise in any of the proceedings either before this Court or before the reference Court/executing Court. It is only when a dispute arose regarding the mode and method of calculations the petitioners have approached this Court challenging the award passed by the Lok Adalat on the ground that there is force to enter into compromise. The said attitude of the petitioners is not bonafide and it is an after thought. When the petitioners have filed execution cases seeking execution of the award passed by the Lok Adalat they are estopped from challenging the award passed by the Lok Adalat on the ground that they were forced to enter into compromise.
9. The award under challenge in the present petitions has been passed in the year 2001 and the present petitions are filed in the year 2017, i.e., after passage of 16 long years. There is no explanation by
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the petitioners for the delay in approaching this Court. The claim of the petitioners is defeated by delay and laches. It is trite law that if there is delay and laches on the part of the petitioners, on the same ground the writ Court can refuse to grant relief. The Apex Court in the case of Eastern Coalfields Limited Vs. Dugal Kumar, reported in 2008 (14) SCC 295 has observed thus:
"24. ... ... It is well settled that under Article 226 of the Constitution, the power of a High Court to issue an appropriate writ, order or direction is discretionary. One of the grounds to refuse the relief by a writ court is that the petitioner is guilty of delay and laches. It is imperative, where the petitioner invokes extraordinary remedy under Article 226 of the Constitution, that he should come to the court at the earliest reasonably possible opportunity. Inordinate delay in making the motion for a writ is indeed an adequate ground for
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refusing to exercise discretion in favour of the applicant."
8. The petitioners have not made out any grounds to set aside the award passed by the High Court Lok Adalat Committee and hence, the following;
ORDER Writ petitions are dismissed.
Sd/-
JUDGE Sd/-
JUDGE LRS