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2017 DIGILAW 1358 (GUJ)

Deputy General Manager v. Patel Parsottambhai Somabhai

2017-08-04

A.G.URAIZEE, S.R.BRAHMBHATT

body2017
ORAL ORDER : S.R. BRAHMBHATT, J. ORDER IN FIRST APPEALS: 1. ADMIT. Mr. Gandhi, learned advocate and Mr. Soni, learned AGP waives service of notice of admission on behalf of respondent Nos. 1 and 2 respectively. ORDER IN CIVIL APPLICATIONS: 2. Rule. Mr. Gandhi, learned advocate and Mr. Soni, learned AGP waives service of notice of admission on behalf of respondent Nos. 1 and 2 respectively. 3. Learned counsel appearing for appellant invited this Court's attention to judgment and award impugned and submitted that final award is dramatically opposite to the law laid down by the Apex Court in case of R.L. Jain (D) By Lrs v. DDA, reported in (2004) 4 SCC 79 , so far as fact of possession is concerned, as possession under acquisition was not to be equated with temporary possession, which has in fact, has taken long back. Counsel for the appellant has placed reliance upon the observation made by Apex Court in para nos. 8 and 11. 4. As against this, learned counsel appearing for the respondent claimant invited Court's attention to the recent decision of the Supreme Court in case of Baldevji Sakraji Thakor v. Group General Manager, ONGC decided on 23.01.2017 in Special Leave to Appeal (C) No. 32680-32681/2015, submitted that the said decision does frown upon the proposition of interest from the date of possession under Section 35. 5. We are of the considered view that the judgments cited at bar on behalf of the claimant does not articulate and deal with the ratio laid down by the Supreme Court in case of R.L. Jain (Supra) and hence, we are inclined to issue appropriate order whereunder, the judgment and award impugned shall remain stayed subject to condition of applicant depositing the amount permissible on the basis of date of Section 4 notification with interest. The said amount be deposited on or before 6.10.2017. Once the said amount is deposited, the claimants shall be entitled to receive 50% thereof and remaining 50% shall be deposited in any nationalized bank on cumulative basic initially for a period of 3 years and same be renewed periodically from time to time. The said amount be deposited on or before 6.10.2017. Once the said amount is deposited, the claimants shall be entitled to receive 50% thereof and remaining 50% shall be deposited in any nationalized bank on cumulative basic initially for a period of 3 years and same be renewed periodically from time to time. The remaining amount of award as it is, shall be secured by way of appropriate undertaking of authorize/responsible officer of the applicant to the effect that in case if the applicant lose in the appeals, the remaining balance amount shall be paid to the claimant without any demur with appropriate interest. 6. With these observations, Civil Applications are allowed. Rule is made absolute to aforesaid extent. Registry is directed to keep copy of this order in each matter.