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Bombay High CourtWP/471/2014allowed

Vishwanath Dashrathh Nil And ORS v. The State Of Maharashtra And ORS

2015-02-06Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Smt. Justice Vasanti A. Naik3 pages

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2623 OF 2014 Subrao Margu Dhotre (since deceased) through LRs Maruti Subrao Dhotre & Ors.

... Petitioners vs.

State of Maharashtra & Ors.

...

Respondents WITH WRIT PETITION No. 437 OF 2014 Dhondiram Gangaram Dhotre (since deceased) through LRs Kolappa Dhondiram Dhotre & Ors.

... Petitioners vs.

State of Maharashtra & Ors.

...

Respondents WITH WRIT PETITION No. 440 OF 2014 Sidda Buddha Vadar (since deceased) through LR Ramswami Siddram Pawar ... Petitioner vs.

State of Maharashtra & Ors.

...

Respondents WITH WRIT PETITION No. 466 OF 2014 Tayappa Mahadev Koli (since deceased) through LRs & Ors.

... Petitioners vs.

State of Maharashtra & Ors.

...

Respondents WITH WRIT PETITION No. 471 OF 2014 Vishwanath Dashrath Nil & Ors.

... Petitioners vs.

State of Maharashtra & Ors.

...

Respondents Mr. T.D. Deshmukh a/w. Mr. Ritesh Kulkarni, Advocate for the petitioners

in all the matters.

Mr. G.S. Hegde a/w. Mr. Vaibavi S. Gole i/b. A.R. Bhole & Co., Advocate for the respondent nos. 4 and 5.

Mr. Vikas Mali, AGP for respondent nos. 1 to 3. CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 6th February, 2015.

P.C.

Heard.

The learned counsel for the petitioners states that the issue involved in these cases was also involved in a bunch of Writ Petitions bearing Writ Petition No. 4121 of 2013 and Ors. and this Court has by the judgment dated 13th December, 2013 allowed the Writ Petitions and directed the respondents to pay the compensation to the petitioners within three months with interest @ 8.25 % p.a. Mr. Hegde, the learned counsel for the M.I.D.C. and Mr. Mali, the learned Assistant Government Pleader for the State Government do not dispute the statement made on behalf of the petitioners. It is admitted by the counsel for the respondents that the issue involved in these cases stands answered in favour of the petitioners by the said judgment. Hence, for the reasons aforesaid, the Writ Petitions are allowed. The respondents are directed to pay the compensation to the petitioners

within a period of three months from the date of this Order. The amount of compensation would carry interest @ 8.25 p.a. from the dates on which the petitioners had executed the Agreements in writing with the State Government till the date of receipt of compensation by the petitioners.

Order accordingly. No costs.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)