1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicants herein - original claimants to quash and set aside the impugned common order dated 23/04/2004 passed by learned Joint District Judge, 6th Fast Track Court, Palanpur, District: Banaskantha below Exhs.68 and 69 in Land Reference Case No.146 of 1994, by which, learned Executing Court has rejected the application Exh.68 submitted by the petitioners herein - original claimants, by which, interest was calculated from the year 1987 and learned Executing Court has allowed the application Exh.69 submitted by acquiring body, by which, acquiring body has calculated interest payable from the year 01/02/2000 as according to the acquiring body, possession of the acquired land was handed over/ taken over by the acquiring body on 01/02/2000.
2. Having heard learned advocates appearing on behalf of the respective parties and more particularly Mr.Ketan Shah, learned advocate appearing on behalf of the petitioners herein; Mr.Anshin Desai, learned Central Government Standing Counsel appearing on behalf of acquiring body – respondent No.2 herein and Ms.Reeta Chandarana, learned Assistant Government Pleader appearing on behalf of the respondent No.1 -State, it appears that according to the petitioners herein - original claimants, they are entitled to the interest on the amount of compensation awarded from 29/07/1987 as according to the petitioners possession of the acquired land was handed over to the acquiring body in the year 1987. However, on the other hand, it is the case on behalf of the acquiring body that in fact possession of the acquired land was never handed over by the petitioners till Mamlatdar took the possession on 01/02/2000 and, therefore, they are entitled to the interest on the amount of compensation from 01/02/2000 only.
3. Learned Executing Court has accepted the case on behalf of the respondents herein and has ordered to pay interest on the amount of compensation from 01/02/2000 and has not accepted the case on behalf of the original claimants that possession of the acquired land was handed over on 29/07/1987.
4. Identical question came to be considered by this Court in group of Civil Revision Applications being Civil Revision Application No.188 of 2010 and others, in which, similar question arose with respect to very project, for which, land in question has been acquired and by order dated 16/06/2012 this Court has remanded the matter to the learned Executing Court to decide the dispute with respect to actual date of handing over/ taking over the possession of the acquired land by permitting the parties to lead the evidence on the same. This Court passed following order in Para-4 of the said judgement and order:
“4.00. In view of the above and for the reasons stated above, all theses Civil Revision Applications are allowed and the impugned orders are hereby quashed and set aside and all the matters are remanded to the learned Executing Court to decide the aforesaid execution petitions afresh in accordance with law and on material and after adjudicating the dispute with respect to the date of taking over actual and physical possession of the acquired lands and for that it will be open for the parties to lead evidence, oral as well as documentary and thereafter the learned Executing Court to take pass final order on remand with respect to actual date of taking over / handing over the actual and physical possession of the acquired lands and to consider from which date the original claimants are entitled to interest at the rate of 9% per annum on the price determined for the first year and thereafter at the rate of 15% per annum for the subsequent period as per the provisions of the Land Acquisition Act. However, it is observed that this Court has not expressed any opinion on merits with respect to the above, in favour of either of the parties and it is ultimately for the learned Executing Court to consider the same in accordance with law and on merits and on the basis of the evidence that may be led. The aforesaid exercise shall be completed by the learned Executing Court within a period of SIX MONTHS from the date of receipt of the writ of the present Judgement and Order. All the concerned are hereby directed to cooperate the learned Executing Court in early disposal of the aforesaid execution petitions and within stipulated time stated hereinabove. Rule is made absolute to the aforesaid extent in each of the Revision Applications. In the facts and circumstances of the case, there shall be no order as to costs.”
Learned advocates appearing on behalf of the respective parties are not disputing that controversy raised in the present Civil Revision Application is squarely covered by the aforesaid decision. Under the circumstances, the present Civil Revision Application deserves to be allowed and the matter is required to be remanded to the learned Executing Court to decide and dispose of the Execution Petition afresh and in light of the observations made by this Court in judgement and order dated 16/06/2012 passed in Civil Revision Application No.188 of 2010 and others.
5. In view of the above and for the reasons stated hereinabove, the present Civil Revision Application is allowed and common order dated 23/04/2004 passed by learned Joint District Judge, 6th Fast Track Court, Banaskantha at Palanpur below Exhs.68 and 69 in Land Reference No.146 of 1994 is hereby quashed and set aside and the matter is hereby remanded to the learned Executing Court to decide the same afresh in accordance with law and on merits and after adjudicating the dispute with respect to handing over/ taking over the possession of the acquired land. Thereafter it will be open for the parties to lead the evidence documentary as well as oral and thereafter learned Executing Court to pass final order on remand on actual date of handing over/ taking over the possession and to consider the date from which original claimants are entitled to interest at the rate of 9% per annum on the price determined for the first year and 15% per annum as per provisions of the Land Acquisition Act. This Court has not expressed any opinion on merits with respect to either of the parties and it will be open for the parties to lead the evidence documentary as well as oral and on the basis of evidence led, the leaned Executing Court to pass final order. The aforesaid exercise shall be completed by the learned Executing Court within a period of six months from the date of receipt of the copy of the present order. All concerned are directed to co-operate the learned Executing Court in early disposal of the Execution Petition within stipulated time as stated hereinabove. Rule is made absolute to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs.
[M.R.SHAH,J] *dipti