CASE NO.: Appeal (civil) 840 of 2007 PETITIONER: GEN.MANAGER,M/S HUTTI GOLD MINES CO RESPONDENT: SHIVAPPA(D) TR.HIS LRS.& ORS DATE OF JUDGMENT: 19/02/2007 BENCH: Dr.AR.LAKSHMANAN & ALTAMAS KABIR JUDGMENT:
J U D G M E N T
(Arising out of SLP(C) NO.2471 OF 2007)
Dr.AR.LAKSHMANAN, J.
Heard Mr.Gopal Subramaniam, learned ASG appearing on behalf of the
appellant and Mr.Dhruv Mehta, learned counsel appearing on behalf of the
respondent-claimants.
Leave granted.
This appeal is directed against the order passed by the High Court of
Karnataka in M.F.A.No.3707/2006 and other connected matters. The High Court of
Karnataka by order dt.11.01.2007 while admitting the appeals has passed the
following interim order :-
” This Court doth Order that pending admission of the above appeal
the operation and execution of the impugned award in LAC Nos.
1,2,31.3,4,32,5,6,7,33,34,8,35,37,9,10 of 2001 dated 19.12.2006 and LAC
Nos.22,23,13,24,17,26,18,27,19,14,28,20,29,15m 30 of 2001 dated
03.01.2006 on the file of the Addl.Civil Judge (Sr.Dn.) Raichur is hereby
stayed subject to the appellant depositing 50% of the enhanced
amounts along with the proportionate amounts towards solatium,
additional market value and the interest thereon within four weeks from
today i.e. 11.01.2007 with the reference Court. On such deposit being
made, it is open to the claimants to draw the same.”
Aggrieved against the direction to deposit 50% of the enhanced amount
along with the proportionate amounts towards solatium, additional market value
and the interest thereon, the appellant through its General Manager preferred the
above Civil Appeal arising out of SLP(C) No.2471/2007.
We have perused the grounds of appeal and also heard the arguments
advanced by learned ASG for the appellant and learned counsel for the
respondents. Since the appeal is pending before the High Court, we are not
expressing any opinion on the merits of the rival claims. However, in our opinion,
the order of the High Court ordering deposit of 50% of the enhanced amount with
liberty to withdraw needs modification. We, therefore, direct the appellant herein
to deposit 50% of the enhanced amount along with the proportionate amounts
towards solatium, additional market value and the interest thereon within four
weeks from today with the Reference Court. On such deposit, all the claimants are
entitled to withdraw 25% of the enhanced amount without furnishing any security.
The Reference Court shall open a separate account in respect of all the claimants
and keep 25% of the remaining amount in fixed deposit in a nationalised bank and
await further orders from the High Court in the pending appeal. Since the
acquisition proceedings started in the year 1995 and the matter is pending in one
forum or the other we request the High Court to dispose of the appeals filed by the
appellant herein and also the appeals filed by the respondents herein/claimants
within six months from today on merits and in accordance with law. We request
the Hon’ble Chief Justice of the Karnataka High Court to place all the matters
before a Division Bench of the said court for disposal of the same within the time
stipulated in this Order.
The appeal stands disposed of accordingly.
No costs.