Meera Madhukar Deshpande And ORS. v. The Deputy Collector (Land Acquisition) Metro Centre No. 3 Panvel And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3069 OF 2019 Meera Madhukar Deshpande & Ors.

Through their Power of Attorney holder .. Petitioners Vs.

1) The Deputy Collector (Land Acquisition) & Ors.

.. Respondents Mr. Sachin S. Punde for petitioners.

Mr.R.S. Pawar, AGP for respondent Nos.1, 2 and 5 (State). Mr.S.S. Diwan I/b Mr.A.M. Kulkarni for respondent Nos. 3 and 4. CORAM : R. M. BORDE & N.J. JAMADAR, JJ.

DATE : 24TH APRIL 2019 P.C.

The petitioners are the agriculturists, whose landed property has been acquired for the public purpose. It transpires that awards determining the amount of compensation in respect of the acquired property have been declared by the Land Acquisition Officer on 22.09.1986 and 25.09.1986. The petitioners did not raise a challenge to the awards, however, tendered applications on 14.06.2012 and 24.05.2012 under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred as "the Act") for redetermination 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 awards under Section 28-A(2) 1/3

of the Act have been declared directing enhancement in the amount of compensation on 07.07.2016, 08.07.2016 and 17.05.2016, respectively. 2] The petitioners are in receipt of a notices 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 2016, the amount has not yet been disbursed.

3] We have heard respective counsels for the parties. 4] The learned counsel appearing for the CIDCO states that the amount of compensation recorded in the notices 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 notices 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.

5] The Land Acquisition Officer shall, on deposit of amount by CIDCO, disburse the same to the claimants, forthwith. In case amount of compensation is already deposited by CIDCO, with the Land Acquisition 2/3

Officer, same shall be disbursed forthwith.

6] It is pointed out by counsel appearing for the petitioners that the amount of interest has been determined till the date of issuance of notices under Section 12(2) of the Act i.e. upto July, 2016. The petitioners are entitled to claim interest on the amount of compensation in accordance with Section 28 of the 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 1st July, 2016 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. 7] In view of the above directions, Writ Petition is disposed of. [ N.J. JAMADAR, J. ] [ R. M. BORDE, J.]