DHANABHAI AMARSHIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This group of Special Civil Applications is filed inter alia praying to direct the respondents to pay amount of rent/interest at a prescribed rate of interest at 9% per annum for the first year from the date of taking possession (i.e. 1.4.1987) and interest at the rate of 15% per annum thereafter till the amount is paid on the amount of compensation as awarded by the Special Land Acquisition Officer in his award dated 3.4.2000 made under Sec. 11 of the Land Acquisition Act, 1894 (hereinafter to be referred to as "the Act").

(2.) Facts are taken from Special Civil Application No. 1166/2001. In Land Acquisition Case No. 34/96 lands situated at village Kuvar, Taluka Sanand, Dist. Ahmedabad were acquired and the market price was determined at the rate of Rs. 9.00 per sq. mt. For acquisition of lands covered under Land Acquisition Case No. 34 of 1996, a notification was published under Section 4 of the Act on 7th April, 1997 and the Award was made under Section 11 of the Act on 3.4.2000. In other cases, notifications were published on 14.3.97, however, possession was handed over much prior to issuance of notification under Section 4 of the Act in all these cases. Therefore, all the matters are taken together.

(3.) Learned advocate appearing for the petitioner drew our attention to para 13 of the award which refers to notification under Section 4 of the Act gazzeted on 21.3.1997 (published on 7.4.1997). The possession was taken on 1.4.87 by private arrangements. It is in view of this, the Land Acquisition Officer held that from April 1997 to April, 2000 for 33 months, additional interest should be paid. In para 14 of the award, it is further observed that possession of the land is taken by acquiring body directly by making arrangement with private parties and therefore, either as per the condition of the agreement, rent or interest is required to be paid directly by the acquiring body.