LILUBEN CHEHRA RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicants herein - original claimants to quash and set aside the impugned common order dated 23/04/2004 passed by learned Joint District Judge, 6th Fast Track Court, Palanpur, District: Banaskantha below Exhs.68 and 69 in Land Reference Case No.146 of 1994, by which, learned Executing Court has rejected the application Exh.68 submitted by the petitioners herein - original claimants, by which, interest was calculated from the year 1987 and learned Executing Court has allowed the application Exh.69 submitted by acquiring body, by which, acquiring body has calculated interest payable from the year 01/02/2000 as according to the acquiring body, possession of the acquired land was handed over/ taken over by the acquiring body on 01/02/2000.

(2.) HAVING heard learned advocates appearing on behalf of the respective parties and more particularly Mr.Ketan Shah, learned advocate appearing on behalf of the petitioners herein; Mr.Anshin Desai, learned Central Government Standing Counsel appearing on behalf of acquiring body � respondent No.2 herein and Ms.Reeta Chandarana, learned Assistant Government Pleader appearing on behalf of the respondent No.1 -State, it appears that according to the petitioners herein - original claimants, they are entitled to the interest on the amount of compensation awarded from 29/07/1987 as according to the petitioners possession of the acquired land was handed over to the acquiring body in the year 1987. However, on the other hand, it is the case on behalf of the acquiring body that in fact possession of the acquired land was never handed over by the petitioners till Mamlatdar took the possession on 01/02/2000 and, therefore, they are entitled to the interest on the amount of compensation from 01/02/2000 only.