Gujarat High Court Case Information System
Print
FA/3060/2008 5/ 5 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3060 of 2008
To
FIRST
APPEAL No. 3065 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
GAMAR
GUJARABHAI JIVABHAI - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Defendant(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Appellant(s) : 1,
MS TRUSHA PATEL AGP for Defendant(s) : 1,
None
for Defendant(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 31/07/2008
ORAL
JUDGMENT
With
the consent of learned counsel for the respective parties, the
matters are taken up for final hearing today.
1.0 These
appeals are directed against the judgment and award dated 09.09.2005
passed by the learned 3rd Addl. Senior Civil Judge,
Sabarkantha -? Himmatnagar in Land Reference Cases No. 2 of 1997 to
7 of 1997 whereby, the said references were partly allowed.
2.0 The
facts in brief leading rise to the filing of the present appeals are
as under;
2.1 The
respondent ? authority proposed to acquire the agricultural lands,
belonging to the appellants ? claimants, under the provisions of
the Land Acquisition Act, 1894 for the purpose of constructing a
Pond. Notification u/s. 4 and thereafter, u/s. 6 of the said Act were
issued. After completion of all the legal formalities, the competent
authority of the respondent ? State, by award dated 31.03.1994,
granted compensation @ Rs.60/- per Are for irrigated land, Rs.40/-
per Are for non-irrigated land and Rs.1/- per Are for kharaba
land.
2.2 Being
aggrieved by the said amount of compensation awarded by the
respondent ? authority, the claimants preferred applications before
the respondent ? authority requesting to refer the cases to the
competent Court, by way of references, which, ultimately, came to be
numbered as Land Reference Cases No. 2/1979 to 7/1979.
2.3 The
reference Court, after hearing the parties and after considering the
evidence on record, partly allowed the references whereby, the
reference Court awarded Rs.300/- per Are for irrigated land, Rs.250/-
per Are for non-irrigated land and Rs.5/- per Are for kharaba
land. The reference Court also
directed the authority to pay interest @ 9% p.a. from the date of
award of the Land Acquisition Officer till its realization.
3.0
Heard learned counsel for the respective parties. The appellants ?
claimants have challenged the judgment and award of the reference
Court only qua the direction issued in Paragraph No. 5 of the
operative part of the impugned award whereby, the reference Court has
directed to pay interest on the
excess amount @ 9% per annum from the date of award of the Collector
till its realization.
4.0 It is contented on
behalf of the claimants that in view of the provision of Section 28
of the said Act, the reference Court ought to have granted interest
on the excess amount @ 9% per annum from the date of taking over of
the possession of the lands in question to the date of payment of
such excess into the Court.
5.0 Having gone through the
impugned award, I am of the view that the said contention raised by
the claimants requires consideration inasmuch as Section 28 of the
said Act mandates that interest on the excess amount has to be paid @
9% per annum from the date on which the possession of the lands was
taken over by the Collector to the date of payment of the said amount
into the Court. The learned AGP is not in a position to dispute this
proposition of law.
6.0 In the present case,
the reference Court has granted interest on the excess amount from
the date of award of the Collector to till its realization, which is,
essentially, contrary to the provisions of Section 28 of the said
Act. Hence, the said direction issued in the impugned award is
required to be modified accordingly.
7.0 In the aforesaid
premises, the Appeals are partly allowed. The impugned judgment and
award of the reference Court is modified to the extent that the
appellants ? claimants will be entitled for interest on the excess
amount @ 9% per annum from 12.04.1988, i.e. when the
possession of the lands was taken by the authority, to the date of
payment of the excess amount into the Court. The rest part of the
impugned judgment and award stands confirmed on the same terms. The
appeals stand disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.]
Pravin/*
Top