Kamgar Mahar Nandur Through Mr. Kashinath Vitthal Kamble And ORS. v. The State Of Maharashtra Through The Secretary, Revenue And Forests Dept. And ORS.

1/2 (7)WP-772-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.772 OF 2016 Kamgar Mahar Nandur through Kashinath Vitthal Kamble & ors .. Petitioners V/s State of Maharashtra & ors .. Respondents ...

Dr.Ramdas Sabban, Advocate for the petitioners. Mr.P.P. Kakade, AGP for the State.

CORAM: DR. MANJULA CHELLUR, CJ. & G.S. KULKARNI, J.

DATED: 31st JANUARY, 2017 P.C.:- By consent of both the parties, we are disposing of the Writ Petition as below :

The petitioners herein came up mainly complaining the procedure of deducting 10% Government Nazrana amount on the watan lands in terms of earlier judgments. Further, they were also seeking a relief of payment of statutory interest payable on the compensation amounts till date in terms of Section 28 and Section 34 of the Land Acquisition Act, 1894. The petitioner contends that there are judgments and in terms of those judgments, deduction @ 10% so far as royalty Tilak

2/2 (7)WP-772-16 amount on the watan lands is being adopted at the time of payment of compensation amount. According to the petitioner, as against the procedure adopted by the State in deducting 10% of the royalty amount on watan lands, they should deduct the amount of royalty in terms of judgment based on the assessment of the lands as indicated in those decisions. In the light of above facts and circumstances, we are of the opinion that the respondent authorities should look into the representation of the petitioners dated 3rd October 2015 and 18th November 2015 pending with them in the light of judgment of the High Court referred to in the representation which is also part of Annexure tto Writ Petition. The entire exercise has to be done within three months from today.

Accordingly, Petition is disposed of.

(G.S.KULKARNI, J) (CHIEF JUSTICE) Tilak