FA/1028/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1028 of 2008 To FIRST APPEAL No. 1037 of 2008 With CIVIL APPLICATION No. 2812 of 2008 In FIRST APPEAL No. 1028 of 2008 To CIVIL APPLICATION No. 2821 of 2008 In FIRST APPEAL No. 1037 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? -Yes. 2 To be referred to the Reporter or not ? -No. 3 Whether their Lordships wish to see the fair copy of the judgment ? -No. 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 ? -No. 5 Whether it is to be circulated to the civil judge ? -No. ========================================================= NARMADA YOJNA MAIN CANAL VIBHAG - 18, - Appellant(s) Versus THAKARSIBHAI GOVINDBHAI SINCE DECD. THRO' RAVJIBHAI & 1 - Defendant(s) ========================================================= Appearance : M/S TRIVEDI & GUPTA for Appellant(s) : 1, MR KM SHETH for Defendant(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 04/08/2008 FA/1028/2008 2/3 JUDGMENT ORAL JUDGMENT 1. By way of this appeal, the present appellant has challenged the judgment and order dated 15/12/2001 passed by the learned Extra Assistant Judge, Mehsana in LAR cases No.129 of 1999 to 139 of 1999, whereby the learned Judge has granted additional compensation at the rate of Rs.23.70 per sq. mtr. together with 30% solatium and running interest at the rate of 9% per annum from the date of taking the possession or from the date of issuing notification under Section 4 of the Land Acquisition Act, 1894, whichever is earlier for the first year and thereafter, at the rate of 15% per annum till realisation of the payable aggregate amount according to the provisions of Section 28 of the Act, in all the cases. 2. Heard the learned advocates for the respective parties at length. 3. The only contention raised by the appellant is that from which date the interest is required to be paid and according to him the interest is required to be paid from the date of possession. The learned AGP could not dispute this preposition. 4. The provisions of Section 28 of the Land Acquisition Act, 1923 are very clear that the interest amount is required to be paid from the date of possession only. Accordingly it is held that the FA/1028/2008 3/3 JUDGMENT interest in this case will be paid from the date of possession i.e. 27/11/1998. Such amount will be paid on or before 31/8/2008. 5. The appeals are allowed accordingly. The order of the Reference Court to be modified accordingly. Record and proceedings to be sent back. It will be open for the claimant to withdraw the amount. No order as to costs. 6. As the main appeals are disposed of, civil applications for stay do not survive. Hence, the same are disposed of accordingly. (K.S.Jhaveri, J.) (ila)