NABIBHAI ALIBHAI Vs. STATE OF GUJARAT AND OTHERS

JUDGEMENT

(1.) RULE . Mr.Rakesh Patel, learned AGP waives service of notice of Rule for respondent Nos. 1, 2 and 3. With the consent of the learned Counsel appearing for both the sides, the petition is finally heard.

(2.) THE short facts of the case appear to be that for the acquisition of the land in question together with the other lands, Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 18.4.2005. Thereafter, Notification under Section 6 of the Act was published on 4.5.2005. Thereafter, the award was passed under Section 11 of the Act on 25.7.2007. Some of the land owners had raised the dispute under Section 18 of the Act and such disputes were referred to the Reference Court for adjudication. The Reference Court, vide judgment and award dated 29.12.2012, directed for additional compensation and on the aspect of interest under Section 28 of the Act, it was directed that the interest shall be available at the rate of 9% per annum for the first year and at the rate of 15% per annum from the subsequent year from the date of taking over of the possession until the amount is paid to the claimants/owners of the land.

(3.) THE petitioner herein is one of the land owners, whose case was covered by the said Notification, made an application under Section 28A of the Act. The said application came to be allowed by the Special Land Acquisition Officer and as per the order dated 3.11.2014, it was mentioned that as per the order of the District Court, the interest shall be admissible at the rate of 9% per annum for the first year and at the rate of 15% per annum for the subsequent years from the date of taking over of the possession until the amount is paid. However, in the calculation -sheet of the supplementary award the interest is made restricted up to 29.12.2012, i.e. the date on which the District Court passed the award for additional compensation. Therefore, under these circumstances, the petitioner has approached this Court by the present petition.