Arun Balaram Patil And ORS. v. The Deputy Collector (Land Acquisition) And ORS.

rpa 1/3 7-wp-9674-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9674 OF 2018 Arun Balaram Patil & Ors.

.. Petitioners Vs.

The Deputy Collector (Land Acquisition) Metro centre No.3, Panvel & Ors.

.. Respondents ......

Ms.Deepa Punde i/b. Mr.Sachin S. Punde, Advocate for the Petitioners.

Mr.R.S. Pawar, AGP for Respondent Nos.1, 2 and 5 - State. Mr.Sarthak Diwan a/w. Chandni Sachade i/b. Mr.Ashutosh Kulkarni, Advocate for Respondent Nos.3 and 4. ......

CORAM : A.A. SAYED AND PRAKASH D. NAIK, JJ.

DATED : JULY 30, 2019.

P.C. :

It is not in dispute that the issue raised in the Petition is squarely covered by the order dated 27th August, 2018 of the Division Bench of this Court in Writ Petition No.6061 of 2018 (Dwarkabai S. Patil & Ors. Vs. The Deputy Collector (Land Acquisition) & Ors.). In the Affidavit-in-Reply filed on behalf of Respondent Nos.3 and 4-CIDCO, it is admitted that the Petitioners are entitled to payment of compensation under the redetermined Award under Section 28A of the Land Acquisition Act. Hence, we pass the following order:

rpa 2/3 7-wp-9674-18.doc :: O R D E R ::

(i) We direct the Respondents to pay compensation to the Petitioners in terms of redetermined Award dated 31st July, 2017 together with interest as per Section 34 of the Land Acquisition Act, 1894;

(ii) The interest shall be awarded at the rate of 15% p.a., which shall be payable from the date of re-determined Awards i.e. 31st July, 2017, until payment;

(iii) The aforesaid amounts shall be paid by the Respondents to the Petitioners within three months from today;

(iv) Respondent No.1-Deputy Collector (Land Acquisition) shall send the proposal of payment of compensation alongwith interest to Respondent No.4-CIDCO within four weeks from today. Upon Respondent No.4-CIDCO

rpa 3/3 7-wp-9674-18.doc receiving the proposal, payment shall be made to the Respondent No.1-Deputy Collector (Land Acquisition), within four weeks from the receipt of the proposal.

(v) As soon as the aforesaid amount is received by the Office of the Respondent No.1-Deputy Collector (Land Acquisition), an intimation of the date for receipt of the amount shall be issued to the Petitioners to receive the aforesaid amount;

The Writ Petition is allowed in the above terms. (PRAKASH D. NAIK, J.) (A.A. SAYED, J.)