RASHIDAHMED GULAMMOHAMAD MATADAR Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) First Appeal Nos.1196 of 1989 and 1197 of 1989 are filed by the original claimants while the First Appeal nos.1562 of 1990 and 1762 of 1990 are filed by the State against the common judgment and award dated 27th January, 1989 passed by the learned Extra Asstt. Judge, Bharuch, in Land Reference Cases Nos.42 and 43 of 1984. As there are identical facts involving common question of law, I decide all these First Appeals by this common judgment and order.

(2.) Heard learned counsel, Mr.Trilok J.Patel for the original claimants and learned AGP, Mr.N.J.Shah for the State in all these appeals.

(3.) Drawing the attention of this Court towards the decision of a Division Bench of this Court rendered on 1-3-1999 in First Appeal No.927 of 1990 with First Appeal Nos.928 to 1033 of 1990 with Cross Objection No.101 of 1999 to Cross Objection No.103 of 1999 and allied matters, both the learned counsel and learned AGP submitted that the issue involved in these appeals has been squarely covered by the aforesaid decision rendered by the Division Bench. However, as far as the direction for setting aside the payment of interest on the amount envisaged under Sections 23(1-A) and 23(2) of the Act as ordered by the Division Bench of this Court on the aforesaid decision is concerned, learned counsel for the appellants, Mr.Trilok Patel, relied on a decision of the Apex Court in the case of Sunder Vs. Union of India reported in (2001)7 Supreme Court Cases 211 and submitted that as per the decision rendered in the said reported case by the Apex Court, the claimants are entitled to interest on the amount envisaged under Sections 23(1-A) and 23(2) of the Act. It is therefore requested that the cross appeals filed by the claimants may be accordingly partly allowed and the appeals filed by the State may be dismissed.