GORDHANBHAI MOHANBHAI Vs. SECOND ADDITIONAL SPECIAL LAND ACQUISITION OFFICER
HIGH COURT OF GUJARAT
SECOND ADDITIONAL SPECIAL LAND ACQUISITION OFFICER
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A.J.Desai, J. -
(1.) First Appeals preferred under Section 54 of the Land Acquisition Act, 1894 have been taken up for final hearing as short question of law involved therein. These appeals arise out of common judgement and award dated 28/03/2018 passed by learned Principal Senior Civil Judge, Ahmedabad (Rural) in Land Reference Case No.221 of 2006 and other allied matters.
(2.) Several parcel of land situated at various villages of Ahmedabad (Rural) were intended to be acquired for construction of Canal.
It is the case of the appellant that possession of the land in question was taken by the authority in the year 1989. Notification under section 4 of the Land Acquisition Act came to be issued thereafter in the year 2002 and ultimately, an award came to be passed in the year 2003. The claimants have not satisfied with the award and therefore they have requested to refer the case to the competent court. By the impugned judgement, learned Trial Court has accepted the reference in part and enhance the amount of compensation. Trial Court also observed that the possession was taken way back in the year 1989 and accordingly it was observed that under the provisions of the Land Acquisition Act, the claimant shall be entitled for interest on the amount of compensation at the rate of 9% for the first year from taking the possession under the Act and shall be entitled for interest at the rate of 15% on the amount of compensation from the date of initiation of the proceedings under the Land Acquisition Act.
(3.) Mr.Nitin Amin, learned advocate appearing for the appellants would submit that appellants have challenged only part of interest awarded by the learned Trial Court. It is not disputed fact that the possession of the land was taken by the authority in the year 1989, however, notification under section 4 of the Act was issued in the year 2002 i.e. after 12 years from taking the possession of the land. The appellants were not in possession of the property in question and therefore, they were not in position to cultivate. Hence, in view of the provision of Section 28 of the Land Acquisition Act, the appellants would be entitled for the interest at the rate of 15% on the amount of compensation from the date of initiation of the proceedings under the Land Acquisition Act. He would further submit that the case of R.L.Jain (D) By LRS. V/s. DDA and others , 2004 4 SCC 79, which has been considered in the case of Balwan Singh and others V/s. Land Acquisition Collector and another , 2016 AIR(SC) 1565 held that for the period between the date of dispossession and the date of Notification under Section 4(1) of the Act, damages at the rate of 15% per annum on the amount awarded by the Land Acquisition Officer shall be paid to the land owners and therefore, award may be properly modified.;
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