GROUP GENERAL MANAGER Vs. AMBALAL KESHAVLAL PATEL

JUDGEMENT

(1.) RULE . Mr. Jayesh Patel, learned advocate appearing for Mr. A.J. Patel, learned advocate waives service of notice of Rule on behalf of the respondent -original claimants and Mr. Dhawan Jayswal, learned AGP waives service of notice of Rule on behalf of the respondent -State in each of the applications. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of the respective parties, present applications are taken up for final hearing, today.

(2.) THESE applications have been preferred by the respective applicant -original appellant -original opponent No. 2 for an appropriate interim order to stay further implementation, execution and operation of the impugned common judgment and award passed by the learned Reference Court -learned Additional Senior Civil Judge, Kalol dated 15.07.2013 in Land Acquisition Reference Case Nos. 79/2013 to 82/2013 by which against the amount of compensation awarded by the Special Land Acquisition Officer at the rate of Rs. 48 per sq. meter, the learned Judge has enhanced the compensation to Rs. 961 per square meter.

(3.) ONE another grievance which is made by Ms. Brahmbhatt, learned advocate appearing on behalf of the applicant is also with respect to the impugned order passed by the learned Reference Court by which the learned Reference Court has directed the applicant to pay interest on the additional compensation at the rate of 9% per annum from the date of taking possession i.e. 30.04.2003 and thereafter at the rate of 15% per annum till realization of the payable aggregate amount according to the provisions of section 28 of the Land Acquisition Act [hereinafter referred to as "Act"] after deducting the rent. It is submitted that as such the notification under section 4 of the Act was published on 13.05.2010 and even the award under section 11 of the Act was declared by the Land Acquisition Officer on 12.02.2013. It is submitted that earlier the lands in question were temporarily acquired under the provisions of section 35 of the Act and during that period the rent/rental was paid to the concerned landowners. It is submitted that therefore to award the interest on the additional compensation at the rate of 9% per annum from 30.04.2003 for the first year and thereafter at the rate of 15% per annum cannot be sustained.