Research › Search › Judgment

Gujarat High Court · body

2014 DIGILAW 514 (GUJ)

Group general manager v. Ambalal keshavlal patel

2014-04-11

M.R.SHAH, R.P.DHOLARIA

body2014
JUDGMENT M.R. SHAH [1] RULE. Mr.Jayesh Patel, learned advocate appearing for Mr.A. J. Patel, learned advocate waives service of notice of Rule on behalf of the respondent – original claimants and Mr.Dhawan Jayswal, learned AGP waives service of notice of Rule on behalf of the respondent – State in each of the applications. [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 respective applicant – original appellant – original opponent No.2 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 15.07.2013 in Land Acquisition Reference Case Nos.79/2013 to 82/2013 by which against the amount of compensation awarded by the Special Land Acquisition Officer at the rate of Rs.48 per sq. meter, the learned Judge has enhanced the compensation to Rs.961 per square meter. [4] Ms.K. J. Brahmbhatt, learned advocate appearing on behalf of the applicant has made elaborate submission on merits against the impugned judgment and award passed by the learned Reference Court, however, as the learned advocate appearing on behalf of the respondent – original claimants 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 Ms.Brahmbhatt, learned advocate appearing on behalf of the applicant is also with respect to the impugned order passed by the learned Reference Court by which the learned 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. 30.04.2003 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 13.05.2010 and even the award under section 11 of the Act was declared by the Land Acquisition Officer on 12.02.2013. 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 30.04.2003 for the first year and thereafter at the rate of 15% per annum cannot be sustained. [6] Shri Patel, learned advocate appearing on behalf of the original claimants has submitted that as such without prejudice to his 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 atleast from 13.05.2010. Ms.Brahmbhatt, 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 even the interest on additional amount is payable from the date of taking of the possession under section 16 of the Act. [7] Having heard learned advocate appearing on behalf of the respective parties and the broad consensus between learned advocate 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 15.07.2013 passed by the learned Additional Senior Civil Judge, Kalol in Land Acquisition Reference Case Nos.79/2013 to 82/2013 is stayed on condition that the applicant ONGC shall deposit the entire amount as awarded by the learned Reference Court except the interest on additional compensation payable under Section 28 of the Act from 13.05.2010, 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 13.05.2010. However, it is directed that the applicant shall deposit the interest on the additional compensation payable under section 28 of the Act from 13.05.2010. However, the same shall be without prejudice to the to the rights and contentions of the learned advocate appearing on behalf of the respective parties, more particularly, on behalf of 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 learned Reference Court within a period of six months from today and on such deposit, the respective claimants shall be permitted to withdraw 25% of the amount so deposited on furnishing the security of like amount to the satisfaction of the learned Reference Court and 25% of the amount so deposited without security. The learned 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. [8] With above directions, present applications are allowed and Rule is made absolute accordingly in each of the applications to the aforesaid extent. However, in the facts and circumstances of the case, there shall be no order as to costs. Registry is directed to call for the R & P of the References from the learned Reference Court within a period of three months from today and learned advocate appearing on behalf of the applicant to prepare and submit the paper book within a period of four weeks thereafter and thereafter Registry to notify the main First Appeals for final hearing.