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2025 DAILYLAW 146780 (ALL)

PRAHLAD CHANDRA MISRA and 3 ORS. v. STATE OF U.P. THRU. THE DISTT. MAGSISTRATE GONDA and 2 ORS.

CLRE/96/2011 · 2025-04-10

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20407 Court No. - 8 Case :- CIVIL REVISION No. - 96 of 2011 Revisionist :- Prahlad Chandra Misra And 3 Ors. Opposite Party :- State Of U.P. Thru. The Distt. Magsistrate Gonda And 2 Ors. Counsel for Revisionist :- Dr. R.S. Pande,Ankit Pande Counsel for Opposite Party :- Ankit Pande,CSC,M.E. Khan Hon'ble Jaspreet Singh,J. Heard Sri Ankit Pande learned counsel for the revisionists and Sri M.E. Khan learned counsel for the respondent no.3 as well as learned Additional Chief Standing counsel for the State respondent. The instant civil revision has been preferred against the order dated 28.05.2011 whereby the Additional District Judge Court no.2 Gonda rejected an application filed by the revisionists purporting to be under Section 152 of the CPC seeking correction of the calculation in respect of the amount which was to be paid to the petitioners as compensation for their land which was acquired. The record would indicate that upon acquisition of land of the revisionists, he had preferred reference under Section 18 of the Land Acquisition Act, 1894. The beneficiary i.e. Bharat Petroleum Corporation Ltd preferred an appeal before the High Court namely First Appeal No.60 of 2010 which came to be dismissed by means of the order dated 27.07.2010. It is, thereafter, that the matter was before the Executing Court for disbursement of compensation, however, while the proceedings were pending, the beneficiary i.e. Bharat Petroleum Corporation had moved an application bearing Paper no.Ga2/18 against which the present petitioners had filed their objections bearing paper no.Ga2/20. The Executing Court by means of the order dated 17.02.2011 found that the amount as calculated by the Corporation was found to be appropriate and since some amount had already been paid and it also recorded that the sum of Rs.30,851/- was returned with the Corporation. It is at this stage, that the petitioners claim that they have not been given the entire compensation. Being aggrieved, the revisionist moved an application before the Executing Court that the calculation which has been accepted by the Executing Court at the behest of the Corporation while passing order dated 17.02.2011 was not appropriate and, accordingly, the said order required correction and further stated that the Corporation was not entitled to any refund rather they were required to pay a further sum of Rs.88,507.92/-. In support of his aforesaid submissions, he had annexed a chart of calculation. The said application came to be rejected vide order dated 28.05.2011 which prompted the revisionists to institute the above civil revision. A coordinate Bench of this Court by means of the order dated 19.01.2023 had directed the State to calculate the amount of compensation as per the reference order dated 06.05.2010 and submit it before the Court. In furtherance thereof, the State has filed their calculation chart along with an affidavit dated 27.05.2023. The Court has heard learned counsel for the parties and also perused the material on record. Apparently, as far as the chart which has been furnished by the State counsel indicates the manner in which the award has been enhanced and the applicable rate of interest thereon. Learned counsel for the Corporation could not demonstrate any palpable error in the said calculation which may persuade this Court to hold the calculation submitted by the State Government is not correct. As far as counsel for the revisionists is concerned, he expresses his consent that the calculation made and furnished by the State is acceptable to him. In view thereof, the revision is disposed of with the observations that the chart of calculation as furnished by the State which is annexed with the affidavit dated 27.05.2023 shall be the base, on which, the compensation would be disbursed to the revisionists. With the aforesaid, the revision is disposed of. Lower court record shall be returned to the Court concerned forthwith. Order Date :- 10.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench