IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3397 of 2024 With CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 3397 of 2024 With CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 3397 of 2024 ==========================================================

RABARI PIRA MADHA Versus STATE OF GUJARAT & ORS.

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Appearance:

MR V Z BHARDA(12667) for the Petitioner(s) No. 1 YAGNESHKUMAR S JOSHI(8074) for the Petitioner(s) No. 1 MS HETAL PATEL, AGP for the Respondent(s) No. 1 MR ANKIT SHAH(6371) for the Respondent(s) No. 2,3,4 ========================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR.JUSTICE D.N.RAY Date : 09/02/2026

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The present petition has been filed by the decree-holder, whose reference application under Section 18 of the Land Acquisition Act, 1894 registered as Land Acquisition Reference No.758 of 1988 had been decided vide common judgment and order dated 1.5.1992. On a challenge to the Reference Court award dated 1.5.1992 in First Appeal No.2091 of 1993 and allied matters vide judgment and order dated 16.3.1996, the Appeal has been allowed in part. The claimants were held entitled to an amount of Rs.7/- per sq.mtr. for irrigated land and Rs.6/- per sq.mtr. for non-irrigated land. The rate of interest, as awarded by the Reference Court, however, had not been disturbed at all.

2. The Union of India, namely, the respondent herein aggrieved and dissatisfied with the judgment and order dated 16.3.1996 of the first appellate Court filed Special Leave Petition (Civil) No.18183-18463/1997, which came to be dismissed vide common judgment and order dated 5.1.1998. It seems that the decretal amount ultimately awarded by the first appellate Court vide order dated 16.3.1996 was deposited by the Union of India-respondent herein beyond the stipulated time prescribed by the first appellate Court.

3. The dispute, thus, remains of the execution of the decree of the first appellate Court dated 16.3.1996, whereunder according to the case of the petitioner, interest amount had not been paid to them in full.

4. This has led to filing of the execution petition by the claimants/ landholders bearing LAR Execution Petition No.60 of 2010 to 184 of 2010. The Execution Case filed by the petitioner herein has been registered as Execution Case No.184 of 2010. The executing court had adjudicated the LAR Execution Petition Nos.142 of 2010 to 155 of 2010, vide common judgment and order dated 15.12.2018 while holding that:- “22. In view of the above discussion the Calculation sheet produced by the applicant at Mark-455/1 is partly considered and the amount remaining unpaid as on 28.03.2000 is as column no.27. I also agree with the argument of Ld. Adv. for opponent that claimants cannot claim interest over interest and as such, the amount shown at column no. 28 of this Calculation sheet is not correct and instead the applicant is entitled to 15% from 29.03.2000 to 28.11.2018 on Net amount payable shown at column No.22 and following order is passed in interest of justice:

:- ORDER :-

As per calculation sheet produced by applicant on record at Mark-455/1 the amount remaining unpaid as on

28.03.2000 is as per column no. 27.

For the amount remaining unpaid from 29.03.2000 to

28.11.2018, the applicant is entitled to 15% interest on Net amount payable shown at column no. 22 as per the award of District Court as per the calculation sheet Mark-455/1 till realization.

Inspite of the order, directing the opponents to pay the amount on or before 30.6.2018 opponents have not complied the same and therefore the opponents are directed to deposit the same amount within 30 days. Further if the opponents fail to deposit the above amount alongwith interest accrued till realization within 30 d