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Bombay High CourtWP/5569/2016disposed off

Vaishali Yashwant Jadhav And ORS. v. The State Of Maharashtra And ORS.

2016-12-15Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

YBG 25-wp-5569-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5569 OF 2016 Vaishali Yashwant Jadhav & Ors.

.. Petitioners -VersusState of Maharashtra & Ors.

..Respondents Mr. Samrat K. Shinde i/b. Tejas Deshmukh for petitioners Mr. S.B.Kalel, AGP for respondent Nos. 1 to 3 Mr. G.S.Hegde with Ms. Juni Pandey i/b. A.R.Bhole for respondent Nos. 4 and 5.

CORAM

:

SHANTANU S. KEMKAR & PRAKASH DEU NAIK JJ.

DATE :

15th December 2016.

P.C.

1] Heard the learned Counsel appearing for the parties. 2] Learned Counsel for the parties submitt that the question involved in this petition has already been considered and decided by this Court in various writ petitions including W.P.No.4121 of 2013 (Sushma Murlidhar Ghadge and Anr. Vs. State of Maharashtra & Ors.) decided on 13th December 2013 as also in W.P.No.426 of 2014 and various other writ petitions decided on 12th March 2014. Learned Counsel for the parties submit that in the present matter, compensation has already been paid by

YBG 25-wp-5569-16 the respondents to the petitioner. However, undisputedly interest has not been paid. In the circumstances, prayer has been made by the learned Counsel for the petitioner to direct the respondents to pay interest amount on the compensation at the rate of 8.25% p.a. from the date on which the petitioner has executed agreement in writing till the actual date of payment of compensation.

3] Accordingly, we direct the respondents to pay the interest amount to the petitioner as aforesaid within three months from today. 4] Petition is accordingly disposed of.

(PRAKASH DEU NAIK, J) (SHANTANU S. KEMKAR, J)