Tribunal award unpaid for 43 years, HC raps Sultanpur DM
Lucknow, July 18 -- The Lucknow bench of the Allahabad high court has come down heavily on the Sultanpur district administration for its continued failure to execute a recovery certificate issued in 2011 for a Motor Accident Claim Tribunal (MACT) award passed nearly 43 years ago in August 1982.
The high court directed the Sultanpur district magistrate to depute an officer to recalculate the due amount and communicate it to the superintendent of police (SP), Sultanpur. The Sultanpur SP shall remit the amount to the revenue officers within 15 days, failing which the superintendent of police, Sultanpur, the additional chief secretary (Home) of U.P. and the Sultanpur district magistrate shall appear in person before this court on the next date, the high court ordered.
"In addition to the above, they shall also show cause by filing an affidavit as to why exemplary cost for harassing the petitioner by not recovering the due amount under the recovery certificate dated 19.10.2011, at least to the extent of Rs 10 lakh be not imposed upon them," it further ordered.
A division bench of Justice Rajan Roy and Justice Om Prakash Shukla passed the order on July 10 on a petition filed by one Shiv Shankar.
The petitioner sought directives for ensuring execution of the recovery certificate issued by the court of additional district judge/Motor Accident Claim Tribunal (MACT), Sultanpur in 2011 related with a claim petition of 1981 decided on August 19,1982.On being asked as to what is the amount due now, Sultanpur district magistrate Kumar Harsh appeared through video conferencing on July 10 and said that it is about Rs 27,000.
The court expressed surprise, as to how, if the award of about Rs 26,400 was given in 1982 with 6% interest per annum, the due amount as on date could be Rs 27,000.
At this, the district magistrate said that interest was calculated from the date of incident till the date of rendering of the award.
The court rejected the DM's contention and said interest has to be calculated from the date of the award till its actual payment. Passing the order, the court directed to list the matter on July 28....
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