The court established the necessity for early deposit of awarded amounts and corresponding interest in appeal cases affecting land compensation.

ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

Order in First Appeal Heard Ms Niyati Chauhan, learned advocate for Mr Rituraj M.

Meena, learned advocate for the appellant and Mr Smit Pandya, learned advocate for Mr Aditya J. Pandya, learned advocate for the respondent.

Admit. To be heard with First Appeal no.924 of 2018 and other allied matters.

Order in Civil Application (for Stay) no.1 of 2017 Ms Niyati Chauhan, learned advocate for the applicant has placed on record the order dated 09.04.2018 passed in R/First Appeal no.924 of 2018 with Civil Application no.1 of 2017. It is urged that since the captioned appeal is arising out of the same group wherein, First Appeals have been admitted and orders have been passed by the Division Bench, directing deposit and the consequential disbursement, similar order be passed in the captioned Civil Application and the entire awarded amount together with statutory interest, be deposited. To which, Mr Smit Pandya, learned advocate for the respondent, has no objection.

2. This Court, on 09.04.2018 in R/First Appeal no.924 of 2018 with Civil Application, has passed the following order:-

“Order in First Appeal No. 924 of 2018 Admit.

Order in Civil Application No.1 of 2017.

1. Learned counsel for the appellant invited Court's attention to the order passed by this Court on 4th August, 2017 in First Appeal 2463 of 2017 to First Appeal No.2437 of 2017 and submitted that in the present group of appeals also similar question is cropped up for consideration as the interest awarded shall only from the date of issuance of Section 4 Notification and not from the date when ONGC took over the temporary possession.

This Court after adverting two judgments of the Supreme Court prima facie followed the observation in case of R.L. Jain (D) By Lrs Vs. DDA And others, reported in (2004) 4 SCC 79 as it was adverted by the Court that in Baldevji Sakraji Thakor Etc. Vs. Group General Manager, ONGC & Anr., there was no elaborate discussion on the point. In that view of the matter, it was urged that suitable interim order be made so as to take care of the entire situation.

2. Ms. Shivani V. Trivedi, learned advocate for the respondent submitted that appropriate order may be passed.

3. Accordingly, the award impugned shall remain stayed on condition that the appellant shall deposit the amount as admissible on the basis of the date of Section 4 Notification with statutory interest and undertaking of the competent authorized Officer of ONGC that in the eventuality of any order that may be passed in the appeal in favour of the claimants, the same shall be paid along with statutory interest to the claimant from the date of temporary possession. The amount be deposited on or before 9^th May 2018, and therefrom 60% amount be disbursed in favour of the claimant and 40% be deposited in any nationalized bank, initially, for a period of two years, if the appeal is not disposed of by then keep it on renewing till the final disposal of the appeal.

4. The deviation made in this order for ordering 60% instead of 50% is passed upon the factum that the land is that of village Mansa and as far the claimant the same is covered by the judgment in which the enhanced amount is ordered and the appellant shall be likely to paid. In that view of the matter, the deviation is made for disbursement of the amount at the rate of 60%.”

3. The judgment and award dated 03.04.2017 in LAR case no.56 of 2011 passed by learned 4^th Additional Civil Judge, Gandhinagar, shall remain stayed on condition that the appellant - applicant shall deposit the entire awarded amount as admissible on the basis of date of Section 4 notification together with statutory interest within a pe