B.CHANDRA KUMAR CIVIL REVISION PETITION…
Impugned order set aside; civil revision petition allowed.
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HON'BLE SRI JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION No.2089 of 2013
ORDER:
Challenging the orders dated 24.01.2013 passed in I.A.No.297 of 2009 in O.P.No.103 of 1996 by the Senior Civil Judge at Nagarkurnool, this revision has been filed.
2. The petitioner herein is the claimant. He filed O.P.No.103 of 1996 before the Senior Civil Judge at Nagarkurnool under section 18 of the Land Acquisition Act for enhancement of compensation awarded by the Land Acquisition Officer. The Senior Civil Judge by an order dated 30.07.2004 disposed of the said O.P. by confirming the award passed by the Land Acquisition Officer, as the claimant failed to lead the evidence. Thereafter, the petitioner filed an application to set-aside the said order passed in O.P.No.103 of 1996 along with petition in I.A.297 of 2009 to condone the delay in filing the set-aside petition. The lower court dismissed the said petition holding that the petitioner failed to explain the delay. Hence, he filed the present Civil Revision Petition.
3. The learned counsel for petitioner has referred to a Judgment of the Division Bench in L.A.A.S. Miscellaneous Petition No.579 of 2012 in L.A.A.S.No.224 of 2012 wherein the Division Bench of this Court, by order dated 27.04.2012, allowed the petition, condoning the delay, subject to the condition that in the event of any enhancement is made, the petitioner is not entitled to interest on the enhanced compensation from the date of dismissal of O.P. till the date of passing of order by the Division Bench.
4. In the circumstances, the impugned order is setaside and the C.R.P. is allowed. However, it is made clear that in the event of any enhancement is made, the petitioner is not entitled to interest on the enhanced compensation from the date of dismissal of O.P. till today. No costs.
_________________________ JUSTICE B.CHANDRA KUMAR
June 3rd 2013 gm
Claimant
B. CHANDRA KUMAR
As recorded by the court registry
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