FA/3060/2008 1/5 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 FA/3060/2008 2/5 JUDGMENT 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. FA/3060/2008 3/5 JUDGMENT 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 FA/3060/2008 4/5 JUDGMENT 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.] FA/3060/2008 5/5 JUDGMENT Pravin/*