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Bulandshahar Khurja Development Authrotiy v. Devendra Singh & Others - WRIT - C No. 39470 of 2007  RD-AH 14342 (22 August 2007)
Hon'ble Janardan Sahai, J.
It is submitted by Sri B. Dayal assisted by Sri Ashwini Kumar Srivastava, learned counsel for the petitioner that in an appeal before this court against the decree of the reference court in a land acquisition case an interim order was passed requiring the petitioner to deposit ¼ of the decretal amount as a condition for the stay order. According to the calculation of the petitioner the ¼ of the amount comes to Rs. 38,61,557/- which was deposited whereas the executing court has determined ¼ of the amount as Rs. 41,60,506.71 paise and therefore holding that the condition of the stay order has not been complied with called upon the petitioner to deposit the entire decretal amount and has attached the bank account of the petitioner. It is submitted that the error committed by the executing court is that certain amounts, which the petitioner had deposited were not adjusted on the date on which the deposit was made and hence interest has not been correctly computed and further that the calculation has not been made according to the decree. It is also stated that in view of the decision of the Supreme Court in Gurprit Singh Vs. Union of India 2007 A.L.R. 327 the interest on the additional compensation and on the solatium became payable from the date of the decision in Sunder Vs. Union of India. It is stated that subsequently the shortfall in ¼ amount as calculated by the executing court has been deposited.
List this case after three weeks. In the meantime the respondent no.1 who is represented by S/Sri R. S. Mishra and Ratnesh Kumar Pandey may file a counter affidavit.
Sri R.S. Mishra, learned counsel for the respondent no.1 prays that at least ¼ of the amount as calculated by the executing court should be allowed to be disbursed to the respondent no.1. Sri B. Dayal, learned counsel for the petitioner states that he has no objection.
In the circumstances the executing court shall allow the respondent no.1 to withdraw ¼ of the decretal amount as calculated by the executing court. In case any portion of the ¼ amount has already been paid the same shall be adjusted. The operation of the order of attachment of the bank account of the petitioner dated 13.8.2007 shall remain stayed till the next date of listing.
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