Tripura High Court
Hon'Ble The Chief Justice ... vs For The on 8 February, 2023
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
CRP NO.82 OF 2022
Oil and Natural Gas Corporation ltd.
Vs.
Smt. Namita Paul and ors.
HON'BLE THE CHIEF JUSTICE (ACTING)
Present:
For the Appellant(s) : Mr. S.M. Chakraborty, Sr. Advocate.
Mr. S. Datta, Advocate.
For the Respondent(s) : Mr. D.K. Daschoudhury, Advocate.
08.02.2023
Order
The predecessor of the respondents viz. Adhir Ch. Pal filed
an application for enhancement of compensation towards 10%
value of the land and damages caused to the trees standing on
his land while laying Gas Pipe Line. On 15.10.2015, the petition
was allowed and the compensation amount was considerably
enhanced. Against the said order, the ONGC filed CRP No.24 of
2016 along with another I.A No.842 of 2016 seeking a stay of
the impugned order. Stay was granted subject to payment of
50% of the enhanced amount before the learned District Judge,
Gomati Udaipur. This Court allowed claimant-Adhir Chandra Pal
to withdraw that amount on executing an indemnity bond.
Accordingly, 50% of the enhanced amount was deposited and
was lying in that Court since no indemnity bond was executed.
After hearing both sides, this Court allowed the CRP No.24 OF
2016 and remanded the matter before the learned District Judge,
Gomati, Udaipur for a fresh trial.
Accordingly, a fresh trial was held and on 04-05-2018
learned District Judge, Gomati Udaipur passed fresh judgment
partly allowing the petition and directed the payment if any,
made already will be adjusted accordingly. Adhir Chandra Pal did
not make any application for having the awarded amount lying
before the Court of the learned District Judge, Gomati Udaipur.
After his death, his legal heirs filed an application on 20.02.2021
for having the money i.e. after about 3(three) years. ONGC
appeared and by filing an objection under Section 47 of CPC
claimed refund of Rs.23,289/- being deposited in excess in the
Court.
After hearing both sides, the learned District Judge by the
impugned order directed ONGC to pay interest for the said three
years period of delay made by the claimants in submitting
application for withdrawal of the amount. Hence the petitioner-
ONGC preferred this instant petition praying for the following
reliefs:-
"i. to admit the petition,
ii. call for records,
iii. issue rule as to why the impugned judgment and
order dated 20.08.2022 in case No.Execution No.5 of 2021
passed by the learned Court of District Judge, Gomati Judicial
District, Udaipur, shall not be set aside and after hearing the
parties make the rule absolute by way of setting aside the
impugned order on the ground of arbitrary exercise of
jurisdiction.
iv. And pass such further order or orders as your
Lordship deem fit and proper"
Heard Mr. S.M. Chakraborty, learned Sr. counsel assisted
by Mr. S. Datta, learned counsel appearing for the petitioner as
well as Mr. D.K. Daschoudhury, learned counsel appearing for
the respondents.
After hearing both sides and perusing the evidence on
record, the order dated 20.08.2022 is set aside. The matter is
remanded back to the Court below for fresh consideration and to
pass a speaking order with regard to the finding that when the
amount was already deposited by the ONGC and the same where
lying with the Court, and for some reason, the same where not
withdrawn, can the ONGC be penalised for paying interest on the
said amount.
The Court below shall consider the matter afresh and pass
appropriate order. The exercise shall be completed within a
period of 2(two) months from the date of receipt of the copy of
this order.
Send back the LCRs, if any.
CHIEF JUSTICE (ACTING)
suhanjit
