VYAS KIRITBHAI CHANDRAKANTBHAI Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) RULE . Mr.Patel, learned AGP waives service of notice of rule. With the consent of the learned advocates appearing for both the sides, the matter is finally heard.

(2.) THE short facts of the case appear to be that on 26.8.1993, the Notification under Section 4 of the Act was issued for acquisition of certain land for the project of Narmada Canal. On 14.7.1994, the Notification under Section 6 of the Act was published. On 31.1.1995, the Land Acquisition Officer has passed the award under Section 11 of the Act; whereby, the compensation was awarded at Rs.4.80 ps. and 3.20 ps. for irrigated and non irrigated land respectively. In the year 1996, some of the owners of the land had raised the dispute under the Land Acquisition Act (LAQ Act/Act) as per Section 18 of the Act. Such disputes were referred to the Reference Court for adjudication being Reference Case No.1503 of 1996 to 1505 of 1996 and allied matters. The Reference Court had partly allowed the reference and awarded the compensation at Rs.120 per Sq.Mtr. The petitioner herein based on the said award applied under Section 28-A of the Act. Such applications were granted by the Competent Authority and accordingly, the compensation was also paid, save and except that the interest was calculated upto 1.2.2008, though the actual payment of the compensation was made on 14.5.2009. As per the petitioner, the interest was payable on the principal amount of compensation with the solatium etc. upto 14.5.2009 but as the payment was not made of the interest, the petitioner made application to the Competent Authority and the matter was referred to the State Government.

(3.) IT is undisputed position that the application has been granted under Section 28-A of the Act and the payment of compensation was to be paid is paid. It is also admitted fact that the interest has been paid as per the provision of the Act by the Competent Authority upto 1.2.2008 but it appears that the calculation of the interest has been made upto the date on which the District Court passed the award but has not been made until the amount is actually paid to the petitioner. As per the provisions of the LAQ Act, the interest is payable for the first year @ 9% per annum and for subsequent year @ 15% per annum until the amount is paid or deposited with the Court whichever is earlier. It is not in dispute that the Competent Authority has found the case of the petitioner as covered under Section 28-A of the Act and the petitioner found entitled to get the benefit of the award passed by the reference Court in respect of other similarly situated claimants, whose lands were also acquired pursuant to the said acquisition.