BAVA DEVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. M. G. Nagarkar, learned advocate waives service of notice of rule on behalf of respondent No. 4 and Mr. Apurva Dave, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent No. 1.

(2.) THE petitioners, 75 in number, are agriculturists of two villages (Kirasara and Motoda) in Lodhika Taluka, Rajkot District. In 1988, the State Government issued notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for acquiring the lands belonging to the petitioners and other agriculturists for the purpose of establishing GIDC Estate for the development of industries in the area. Since no objections were received against the said notification, the Officer on Special Duty (Land Acquisition) No. 3, Ahmedabad issued notification under Section 6 of the Act on 31st August, 1989 and the petitioners were persuaded to handover the possession of the land voluntarily and they agreed to the consent award being passed. Accordingly, the petitioners voluntarily handed over the possession of the lands in question on 20th September, 1989 and the consent award was passed on 21st May, 1991.

(3.) IN this petition, the petitioner's case is that although substantial portion of the compensation amount to the extent of about 85% was paid to the petitioners at the time of the authority taking over possession of the lands in question, the balance amount was not paid to the petitioners immediately, and that, ultimately, the amount was received by the petitioners in 1998. The grievance in the present petition is that the petitioners were not paid any interest on the balance 15% amount of compensation paid to the petitioners in November 1998 and they have prayed for a direction to the respondents to pay the petitioners interest at the rate of 15% per annum on the said 15% amounts of compensation which were paid to the petitioners in November 1998 for the period from the date of taking over possession (20th September, 1989) till November 1998.