Gujarat High Court
Deputy Collector , Special Land ... vs Kuvarjibhai Thobhanbhai on 27 June, 2023
Bench: Bhargav D. Karia
C/FA/2065/2023 ORDER DATED: 27/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2065 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2065 of 2023
With
R/FIRST APPEAL NO. 2067 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2067 of 2023
With
R/FIRST APPEAL NO. 2068 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2068 of 2023
With
R/FIRST APPEAL NO. 2069 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2069 of 2023
With
R/FIRST APPEAL NO. 2070 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2070 of 2023
With
R/FIRST APPEAL NO. 2071 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2071 of 2023
With
R/FIRST APPEAL NO. 2072 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2072 of 2023
With
R/FIRST APPEAL NO. 2073 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
In R/FIRST APPEAL NO. 2073 of 2023
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DEPUTY COLLECTOR , SPECIAL LAND ACQUISITION AND
REHABILITATION (IRRIGATION) OFFICER
Versus
KUVARJIBHAI THOBHANBHAI
Page 1 of 8
Downloaded on : Fri Jun 30 20:36:02 IST 2023
C/FA/2065/2023 ORDER DATED: 27/06/2023
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Appearance:
MR KURVEN DESAI, AGP for the Appellant(s) No. 1,2,3
MR NITIN M AMIN(126) for the Defendant(s) No. 1
MR SANJAY M AMIN(130) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 27/06/2023
ORAL ORDER
1.Heard learned advocate Mr. Kurven Desai for
the appellants and learned advocate Mr. Nitin
Amin for the respondent no.1.
2.This batch of Appeals is directed against the
judgment and award passed by the Principal
Senior Civil Judge, Surendranagar, dated
30.11.2021 in the Land Reference Case No.2 of
2008 and allied matters. The Court below
passed an identical judgment and award in
each of the Land Reference Cases (LRC)
bearing Nos. 2 of 2008 to 11 of 2008, 13 to
14 of 2008, 17 of 2008, 19 to 23 of 2008 and
25 to 28 of 2008. The judgment of the
C/FA/2065/2023 ORDER DATED: 27/06/2023
reference court, though delivered
individually in each of the Land Reference
Cases, yet parawise it is identical except
the change in the names of the claimants.
3.The lands of village Dharmendragadh, Taluka
Muli, District Surendranagar, were acquired
by the respondents for the Sabury Irrigation
Scheme. The preliminary notification under
Section 4 of the Land Acquisition Act, 1894
(for short, 'the Act') was published on
15.06.2001 and the notification under Section
6 of the Act was published on 17.10.2003. The
respondent no.1 - Land Acquisition Officer
declared his award on 21.04.2005 and awarded
Rs.2/- per square meter towards the
compensation.
4.Being aggrieved by the award, the claimants
preferred Land Reference Cases (LRC) bearing
Nos. 2 of 2008 to 11 of 2008, 13 to 14 of
C/FA/2065/2023 ORDER DATED: 27/06/2023
2008, 17 of 2008, 19 to 23 of 2008 and 25 to
28 of 2008 under section 18 of the Act before
the learned Principal Senior Civil Judge,
Surendranagar.
5.Learned Judge by impugned judgment and award
dated 30.11.2021 partly allowed the
references and held that the original
claimants are entitled to get amount of Rs.
50/- per sq. mtr for the acquired land as
additional compensation over and above
compensation already awarded by the Special
Land Acquisition Officer and also entitled
to get an increase at the rate of 12% per
annum from the date of publication of
notification under section 4 of the Act i.e.
15.06.2001 to the date of award passed by the
Land Acquisition Officer i.e. 21.04.2005.
Further it was also directed that the
claimants are entitled to receive
rental/damages at the rate of 15% from the
C/FA/2065/2023 ORDER DATED: 27/06/2023
date of taking possession i.e. 10.08.1996 to
the date of notification published under
section 4 i.e. 15.06.2001 per month per sq.
mtr on the market price fixed of Rs. 52/-. it
was further directed that the claimants are
entitled to get amount of solatium at the
rate of 30% and running interest at the rate
of 9% per annum from the date of award till
one year and thereafter at the rate of 15%
per annum till the realization of the amount
payable under section 28 of the Act.
6.Being aggrieved by the impugned judgment and
award, the State Government has preferred the
present appeals.
7.Learned Assistant Government Pleader Mr.
Kurven Desai has confined his arguments to
the interest awarded by the Reference Court
and submitted that the Reference Court ought
to have considered that in the present case,
the possession of the acquired land has been
C/FA/2065/2023 ORDER DATED: 27/06/2023
taken by private agreement before the
declaration of notice of section 4. It was
submitted that the Court ordered rent to be
paid at 15% for the period from the date of
possession on 10.09.1996 to 15.06.2001 but as
per the Government Resolution dated
18.06.1986 when possession of the land is
acquired by private agreement before the
commencement of acquisition proceedings,
payment of compensation at the rate of 9% of
the original compensation amount for the
period from the date of possession to the
date of payment of compensation i.e. the date
of announcement of award under section 11 of
the Act, the rent remains to be paid. It was
submitted that the the Reference Court
ordered to pay rent at the rate of 15%
instead of the rent to be paid at the rate of
9% of the original compensation and thus
interest has to be calculated from the date
of announcement of the award and therefore,
C/FA/2065/2023 ORDER DATED: 27/06/2023
the order dated 30.11.2021 is erroneous and
should be quashed and set aside.
8.On the other hand, learned advocate Mr. Nitin
Amin for the original claimants submitted
that the said issue has been decided by the
cognate Bench in First Appeal No. 2700 of
2018 and allied matters challenging the
judgment and award dated 9.01.2018 in Land
Reference Case No. 16 of 2003 and allied
matters passed by the Principal Senior Civil
Judge, Surendranagar pertaining to the same
village Dharmendragadh, Taluka Muli, District
Surendranagar. It was therefore, submitted
that considering the decision of the Cognate
Bench, wherein the issue raised by the State
Government has already been dealt with, these
batch of appeals may be dismissed.
9.Having heard the learned advocates for the
respective parties, it appears that the
Cognate Bench in First Appeal No.2700 of 2018
C/FA/2065/2023 ORDER DATED: 27/06/2023
and allied matters which pertains to same
village as that of the present batch of
appeals has decided the issue about rate of
interest by observing as under:
"27. Admittedly, the possession of the
acquired lands was taken over on 10th
August 1996, i.e. prior to Section 4
notification was published on 24th
August 1999. The claimants/appellants
are thus entitled to receive
rental/damages at the rate of 15% from
10th August 1996, i.e. the date of
possession, to 24th August 1999, i.e.
the date of Section 4 notification, in
view of the judgment of this Court
passed in the First Appeal Nos.1213 of
2016 to 1241 of 2016. The
appellants/claimants thereafter shall
be entitled to 9% interest for the
first year from the date of Section 4
notification published under the Act
and then at the rate of 15% per year
till the amount is deposited with the
reference court."
10. In view of about findings arrived at by
the cognate Bench, this batch of appeals
along with civil applications stand
dismissed.
(BHARGAV D. KARIA, J)
RAGHUNATH R NAIR
