Deputy General Manager vs Kumbhar Manubhai Mohanbhai
2021 Latest Caselaw 3654 Guj

            C/FA/1425/2020                           ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO.           1425 of 2020

                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 1425 of 2020
                          With
             R/FIRST APPEAL NO. 1426 of 2020
                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 1426 of 2020
                          With
             R/FIRST APPEAL NO. 1427 of 2020
                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 1427 of 2020
                          With
             R/FIRST APPEAL NO. 1428 of 2020
                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 1428 of 2020
                          With
             R/FIRST APPEAL NO. 1429 of 2020
                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 1429 of 2020
                          With
             R/FIRST APPEAL NO. 1430 of 2020
                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 1430 of 2020
                          With
             R/FIRST APPEAL NO. 1431 of 2020
                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 1431 of 2020
==========================================================
                   DEPUTY GENERAL MANAGER
                            Versus
               KUMBHAR BHIKHABHAI CHHAGANBHAI
==========================================================
Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
 for the Defendant(s) No. 1,2
==========================================================

 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI



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                 C/FA/1425/2020                                            ORDER




                                 Date : 02/03/2021

                                        ORAL ORDER

Order in First Appeals

Heard Mr.Ajay R. Mehta, learned advocate for the appellant.

Drawing attention of the Court to the impugned judgment more particularly later part of para­35 of it, he submitted that while following Supreme Court's decision, learned Reference Court has committed an error in reading the provisions of Section 28 of the Land Acquisition Act, 1954 (for short, 'the Act'). He submitted that the interest as referred to Section 28 of 'the Act' at the rate of 9% from the date of taking over the possession of the land in question would start running and it will carry further interest @ 15% till the date of realization whereas, learned Reference Court has awarded the interest @ 9% under Section 28 of 'the Act' from the date of issuing notification under Section 4 of 'the Act', which is erroneous.

Hence, each appeal is admitted.

Order in Civil Applications.

Rule returnable on 05.04.2021.

The execution, operation and implementation of the impugned judgment and award is stayed on condition that,

C/FA/1425/2020 ORDER

the applicant deposits the amount awarded by the Reference Court with cost and interest and more particularly interest under Section 28 of 'the Act' be calculated from the date of taking over the possession i.e. 16.06.2008 as submitted by learned advocate for the applicant, till realization on or before that date, before the trial Court.

It is open for the respondents, claimants to assist the Court on the issue as mentioned herein above on the returnable date.

(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA