ORAL JUDGMENT M.R. SHAH 1. RULE. Shri Jayesh Patel, learned advocate for Shri A.J. Patel, learned advocate waives service of notice of Rule on behalf of the respondent - original claimant and Shri Dhawan Jayswal, learned AGP waives service of notice of Rule on behalf of the respondent – State. 2. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of the respective parties, present applications are taken up for final hearing, today. 3. These applications have been preferred by the applicants – original appellants for an appropriate interim order to stay further implementation, execution and operation of the impugned common judgment and award passed by the learned Reference Court – learned Additional Senior Civil Judge, Kalol dated 21.02.2013 in Land Acquisition Reference Case Nos.431/2012 to 434/2012 by which, learned Reference Court has enhanced the amount of compensation to Rs.238 per sq mtr. 4. Shri Kunan Naik, learned advocate appearing on behalf of the applicant has made elaborate submission on merits against the impugned judgment and award passed by the Reference Court however, as the learned advocate appearing on behalf of respondent No. 2 - original claimant in each of the applications has stated that if the original claimants are permitted to withdraw 50% of the amount that may be directed to be deposited by this Court, the claimants will be satisfied at this stage and he does not invite any further reasoned order. We are not dealing with in detail the submissions on merit. 5. One another grievance, which is made by Shri Naik, learned advocate appearing on behalf of the applicant, is also with respect to the impugned order passed by the Reference Court by which the Reference Court has directed the applicant to pay interest on the additional compensation at the rate of 9% per annum from the date of taking possession i.e. 15.02.1986 and thereafter at the rate of 15% per annum till realization of the payable aggregate amount according to the provisions of Section 28 of the Land Acquisition Act [hereinafter referred to as Act] after deducting the rent. It is submitted that as such the notification under Section 4 of the Act was published on 04.08.1999 and even the award under Section 11 of the Act was declared by the Land Acquisition Officer thereafter. It is submitted that as such the notification under Section 4 of the Act was published on 04.08.1999 and even the award under Section 11 of the Act was declared by the Land Acquisition Officer thereafter. It is submitted that earlier the lands in question were temporarily acquired under the provisions of section 35 of the Act and during that period the rent/rental was paid to the concerned landowners. It is submitted that therefore to award the interest on the additional compensation at the rate of 9% per annum from 15.02.1986 for the first year and thereafter at the rate of 15% per annum cannot be sustained. 6. Shri Jayesh Patel, learned advocate appearing on behalf of the original claimants has submitted that as such without prejudice to the rights and contentions in main first appeals, at this stage, the appellant may be directed to deposit the interest on the additional compensation payable under Section 28 of the Act at least from 04.08.1999. 7. Shri Kunan Naik, learned advocate appearing on behalf of the applicant has stated that in that case, it may be suitably observed that the aforesaid shall be without prejudice to the rights and contentions of the applicant that the interest on additional amount is payable from the date of taking of the possession under Section 16 of the Act. 8. Having heard learned advocates appearing on behalf of the respective parties and the broad consensus between learned advocates appearing on behalf of respective parties, recorded herein above, and the stand taken by the learned advocates appearing on behalf of respective parties, it is directed, by way of interim order, that the further implementation, execution and operation of the impugned common judgment and award dated 21.02.2013 passed by the learned Additional Senior Civil Judge, Kalol in Land Acquisition Reference Case Nos.431/2012 to 434/2012 is stayed on condition that the applicant ONGC shall deposit the entire amount as awarded by the Reference Court except the interest on additional compensation payable under Section 28 of the Act from 15.02.1986, as ordered by the learned Reference Court. However, it is directed that the applicant shall deposit the interest on the additional compensation payable under section 28 of the Act from 04.08.1999. However, it is directed that the applicant shall deposit the interest on the additional compensation payable under section 28 of the Act from 04.08.1999. However, the same shall be without prejudice to the to the rights and contentions of the respective parties, more particularly, the applicant that they are liable to pay the interest on the additional compensation payable under Section 28 of the Act from the date of taking over the possession under Section 16 of the Act. The amount as stated hereinabove shall be deposited by the applicant ONGC with the Reference Court within a period of six weeks from today and on such deposit, the respective claimants shall be permitted to withdraw 50% of the amount so deposited on furnishing the security of like amount to the satisfaction of the Reference Court. The Reference Court is directed to invest the balance 50% of the amount so deposited in the name of Nazir in FDR in any Nationalized Bank initially for a period of three years, which shall be renewed from time to time till the final disposal of the main First Appeals. 9. With above directions, the present applications are allowed. Rule is made absolute accordingly in these applications to the aforesaid extent.