Land of the respondent situated at Baranpuri Bhagal in Ward No.12 Entry Nos.1 to 5 was acquired by the appellant Corporation and an award was passed by the appellant Corporation under Sec.216 of BPMC Act offering compensation @ Rs.12,603/- per sq.mtr. totalling to Rs.4,00,432=59. Though the award was passed by the Commissioner under Sec.216 of BPMC Act, no amount was paid to the respondent and hence, he submitted an application at Ex.10 in Municipal Reference No.5 of 2000 in the Court of Civil Judge (S.D.), Surat. Said application was allowed by the learned Principal Senior Civil Judge, Surat, in June, 2011. Hence, the present Appeal From Order by the appellant Corporation.
Heard learned advocate, Mr.Kaushal D.Pandya for the appellant.
It is submitted by Mr.K.D.Pandya for the appellant that as the respondent has to pay Rs.19,866/- towards tax, the appellant Corporation asked the respondent that Corporation may be allowed to deduct said amount from the awarded amount and remaining amount may be collected from the Corporation. However, the respondent did not make any payment towards the tax dues and filed the reference before the trial court.
This Court has gone through the order passed by the trial court. It has been rightly held by the trial court that once award is passed by the appellant Corporation under Sec.216 of BPMC Act awarding compensation to the claimants, awarded amount is required to be paid to the claimant. It has also been rightly held that for recovery of tax dues, remedy is available to the appellant. However, the appellant cannot deduct tax dues from the awarded amount. Since there is no illegality or irregularity as having committed by the trial court in the impugned order, it is not required to be interfered with in this appeal. Hence, this Appeal From Order is required to be dismissed.
This Appeal From Order is dismissed.
[M.D.SHAH,J.] radhan Top