UNION OF INDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN present group of Revision Applications filed under section of 115 of the Code of Civil Procedure, 1908 (for short "the Code"), orders passed by the Executing Court in different execution petitions are challenged. However, since the nature of issue decided i.e. as regards the date on which the Government took actual possession of the lands under the Land Acquisition Act, 1894 (for short "the Act"), all these Revision Applications are heard together and decided by this common judgment.

(2.) IN some cases, the Executing Court has held that the Government had taken actual possession of the lands from claimants on 08.05.1987 and not on 01.02.2000 as claimed by the applicant and in other cases, the Executing Court has held that the Government had taken actual possession on 29.07.1987 and not on 01.02.2000.

(3.) IT appears that in connection with awards passed in land acquisition proceedings initiated somewhere in the year 1987, execution petitions were filed somewhere in the year 1994 and all the matters reached this Court and as found recorded in the impugned order, this Court had remanded the matters to decide as to when actual possession of the lands was taken. It appears that after the High Court disposed of the First Appeals, principal amount of the compensation was deposited but without interest and the claimants then filed further Execution Petitions out of which present Revision Applications have arisen to recover the remaining amount with interest from the date of taking of actual possession of their lands. It was their say that actual possession of the lands was taken on above referred two dates in different cases in the year 1987 whereas it was say of the applicant that possession of the lands was actually taken on 01.02.2000 as per the possession receipt.