Tulshiram Ragho Dalvi And ANR. v. The Deputy Collector (Land Acquisition) Metro Centre No. 3 And ORS.
hcs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1554 OF 2019 Tulshiram Ragho Dalvi & Anr.
...
Petitioners.
V/s.
The Deputy Collector (Land Acquisition) & Others ...
Respondents.
Mr.S.S.Punde for the Petitioners.
Mrs.P.N. Diwan AGP for the Respondent Nos.1, 2 and 5 (State). CORAM : R. M. BORDE AND N. J. JAMADAR, JJ.
DATE :
15TH MARCH 2019.
P.C.:
1] The petitioners are agriculturist, whose landed properties have been acquired for the public purpose. It transpires that an award determining the amount of compensation in respect of the acquired properties have been declared by the Land Acquisition Officer on 26th June, 1985. The petitioners did not raise a challenge to the award, however, tendered an application on 14th July, 2010 under section 28-A of the Land Acquisition Act, 1894 (hereinafter referred as the "Act") for re-determination of the amount of compensation on the basis of the judgment and award in a Land Acquisition Reference presented by the claimants covered by the same section 4 notification. The amount of compensation is stated to have been re-determined and the award under Section 28-A(2) of the Act has been declared directing enhancement in the amount of compensation on 26th July, 2017. The petitioners are in receipt of a notice 1/3
issued by the Land Acquisition Officer under section 12(2) of the Act. It is the contention of the petitioners that though notices have been received by them calling upon them to collect the amount of compensation in the year 2017, the amount has not yet been disbursed.
2] We have heard respective counsel for the parties. 3] Learned counsel appearing for the CIDCO states that the amount of compensation recorded in the notice issued under section 12(2) of the Act would be deposited, if the same has not been deposited, with the Land Acquisition Officer and the said amount would be disbursed to the petitioners through the Land Acquisition Officer. The statement made is accepted. The CIDCO shall deposit the amount recorded in the notice under section 12(2) of the Act with the Land Acquisition Officer, who shall disburse the said amount to the petitioners within a period of eight weeks from today. The Land Acquisition Officer shall, on deposit of amount by CIDCO shall disburse the same to claimant, forthwith. In case amount of compensation is already deposited by CIDCO, with the Land Acquisition Officer, same shall be disbursed forthwith.
4] It is pointed out by counsel appearing for the petitioners that the amount of interest has been determined till the date of issuance of notice under section 12(2) of the Act i.e. upto 26th July, 2017. The petitioners are entitled to claim interest on the amount of compensation in accordance with section 28 of the 2/3
Act till the date of payment. The entitlement of the claimants to receive the amount of interest statutorily required to be paid cannot be denied and the respondent - Land Acquisition Officer need to be directed to compute the amount payable to the petitioners towards the interest from 27th July, 2017 till the date of payment. The computation shall be made by the Land Acquisition Officer within a period of two weeks from today. The CIDCO shall deposit the amount payable towards the interest as recorded above with the Land Acquisition Officer within a period of one month from the date of computation of the amount by the Land Acquisition Officer. The amount of interest computed by the Land Acquisition Officer, as above, shall be deposited by the CIDCO with the Land Acquisition Officer and the same shall be disbursed to the petitioners - original claimants within a period of five months from today.
5] In view of the above directions, Writ Petition is disposed of. (N. J. JAMADAR, J.) (R. M. BORDE, J.) 3/3