Special Land
Acquisition Officer, Karnataka Vs. Revanasidappa [2008] INSC 2229 (18 December
2008)
Judgment
REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Special Leave Petition (c)
Nos.23378-23379 of 2008 Special Land Acquisition Officer, Karnataka Industrial
Areas Development Board, Dharwad, Karnataka ...Petitioner Versus Revanasiddappa
...
Respondents With
Special Leave Petition (c) Nos.24389-24390 and 24391- 24392 of 2008 ORDER
1.
At
the time of issuing notice in the SLPs, this Court, on 29th of September, 2008,
passed the following order:- "There shall be stay of operation of the
impugned order for a period of two months from this date on condition that the
petitioners shall deposit half of the amount awarded by the High Court in the
Reference Court within one month from this date"
2.
The
respondents have now filed the Interlocutory applications (IA No. 1&2 in
SLPs 23378-79/2008, IA Nos. 3&4 in SLPs 24391-24392/2008), seeking release
of pre- deposit amount in terms of the above order granted on 29th of
September, 2008 and IA Nos. 3-4 in SLPs 23378-79/2008 for permission to file additional
documents.
Before us, Ms. Kiran
Suri, learned counsel appearing on behalf of the petitioner submitted on
instructions that in compliance with the aforesaid order of this Court, 50% of
the amount awarded by the High Court in the Reference case has already been
deposited. Such being the position and considering the total amount of
compensation payable on the basis of the order of the High Court, we dispose of
these applications for release of pre-deposit amount on the following terms and
conditions:- a) There shall be stay of operation of the impugned order till the
disposal of the petitions or until further orders of this Court. b) The
claimants are entitled to withdraw 50% of the amount already deposited by the
petitioner in compliance with our interim order passed on 29th of September,
2008 without furnishing any security and the balance 50% of the amount
deposited in compliance with our order can be withdrawn 2 by the
claimants/respondents after furnishing security to the satisfaction of the
Reference Court, Gulbarga where the money has already been deposited.
c) Hearing of these
Special Leave Petitions be expedited.
Let the Special Leave
Petitions be listed for hearing on any Non-Miscellaneous day in the month of
March, 2009. These applications are thus disposed of.
We, however, make it
clear that in the event it is found that the amount deposited by the petitioner
in compliance with our order dated 29th of September, 2008 is not the amount
awarded by the High Court, in that case, it will be open to the claimants/respondents
to apply for vacating this interim order.
........................J.
[Tarun Chatterjee]
.........................J.
New
Delhi;
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