In CRP 968/2003 dated 28.03.2003, this court has held that compensation awarded under theLand Acquisition Act, cannot be termed as debt or security to insist the parties to produce succession certificate.
Therefore, the impugned order wherein petitioners have been directed to produce succession certificate for receiving compensation deposited by the Judgment Debtor (Assistant Commissioner and Land Acquisition Officer, Yadgir) is liable to be set aside.
Karnataka High Court
Nagappa By His Lrs And Ors vs The Assistant Commissioner on 15 September, 2014
The learned Government Advocate takes notice for respondent.
2. Heard learned counsel for parties.
3. The petitioners have come on record as legal representatives of deceased Nagappa whose land was acquired by the respondent and compensation of Rs.19,18,334/- was deposited by the respondent in Execution Petition No.36/2012.
4. The trial court has insisted the petitioners to produce succession certificate to receive compensation deposited by the respondent with the Execution Court.
5. In a decision reported in (2000) 9 SCC 240 (in the case of Rukhsana (Smt) and Others -vs- Nazrunnisa (Smt) and Anr.) the Supreme Court has held that compensation payable under theMotor Vehicles Act is not a debt or security and the production of succession certificate is not necessary.
6. In CRP 968/2003 dated 28.03.2003, this court has held that compensation awarded under theLand Acquisition Act, cannot be termed as debt or security to insist the parties to produce succession certificate.
Therefore, the impugned order wherein petitioners have been directed to produce succession certificate for receiving compensation deposited by the Judgment Debtor (Assistant Commissioner and Land Acquisition Officer, Yadgir) is liable to be set aside.
7. In the result, I pass the following:
ORDER The petition is accepted. The impugned order is set aside. The matter is remanded to the Execution Court for reconsideration. The learned judge of Execution Court shall hold an enquiry and decide whether petitioners herein are the legal heirs of deceased decree holder namely Nagappa and shall also determine the shares of petitioners in the compensation lying in deposit with the Execution Court for being paid to petitioners.
Sd/-
JUDGE Np/-
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