Chattisgarh High Court
Runu Dey vs S. Aruna Niyogi on 26 October, 2021
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
FA No. 157 of 2018
Runu Dey Versus S. Aruna Niyogi
26/10/2021 Ms. Shailja Shukla, Counsel for the Appellant.
Mr. Shubham Karmanya on behalf of Mr. Arun Kochar, Counsel for
the respondent No.1.
Mr. Anshuman Shrivastava, P.L. for the State.
The present is appellant/defendant's First Appeal against the
judgment dated 20.11.2017 passed in Civil Suit No. 6A/2014. By the said
judgment, the court below has dismissed the suit for specific breach of
contract filed by the plaintiff and at the same time, an order for the
defendant to prefer the amount of earnest money for Rs. 6 lacs paid by the
plaintiff to the defendant towards the same.
The appeal filed in this Court initially on 30.03.2018, there was an
interim order to the extent that the appellant shall not alienate, encumber or
otherwise create any third party interest in the suit property. There was an
interim protection also to the extent that the appellant shall not commit any
act of waste or improvement of permanent nature in the suit property.
Subsequently, on 10.07.2018, there was an absolute interim order passed
to the extent of stay of the execution of the impugned judgment and
decree.
The appeal is ripe for hearing, the record of court below has also
been received. There is an application for modification filed by the
appellant seeking modification of the order dated 13.03.2018 and
10.07.2018. At the same time, there is also a reply of the State
Government whereby the State Government has come with a stand that a
portion of the suit property has already been decided to be acquired by the
State Government under the Land Acquisition Law. However, because of
the interim protection granted by this Court in the present First Appeal,
further proceedings of the acquisition in respect of the suit property could
not be finalized.
Counsel for the appellant submits that in terms of the documents
submitted by the State along with the reply for the portion of the land that
the State Government intends to acquire the appellant would be entitled for
an amount of more than Rs.18 lacs and the only amount involved in the
present appeal is Rs. 6 lacs. Thus, she is entitled for much more than the
amount involved in the present First Appeal. Therefore, the order may be
modified to the aforesaid extent.
Counsel for the respondent No. 1 on the other hand, submits that
any modification to the earlier order should be only by protecting the
interest of the respondent/plaintiff.
Considering the submissions submitted by either sides, let the
appeal itself be listed for final hearing in the week commencing 6 th
December, 2021.
In the meanwhile, orders dated 13.03.2018 and 10.07.2018 passed
by this Bench on the earlier occasion stands modified to the extent that the
interim orders would not come in the way of the State Government in
completing the acquisition proceedings in respect of the property belonging
to the appellant herein. The entire amount of compensation of the land
sought to be acquired by the State Government should and can be
deposited with the concerned Land Acquisition Officer. However, the said
amount so deposited by the State Government shall not be withdrawn by
the appellant without the leave of the Court.
Sd/- Sd/-
(P. Sam Koshy) (Rajani Dubey)
Judge Judge
Ruchi
