Madhav Shrirang Jagtap And Another v. The State Of Maharashtra And Others

1 21WP2778.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 2778 OF 2018 Madhav S/o. Shrirang Jagtap & Ors.

.... Petitioners

Versus

The State of Maharashtra & Ors.

.... Respondents ........

Shri. Satishrao S. Manale, Advocate for the petitioner Shri. S. M. Ganachari, AGP for respondent/State Shri. B. R. Surwase, Advocate for respondent No. 4 .........

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 12TH FEBRUARY, 2019 ORAL ORDER:

.

We have heard learned counsel for the respective parties. 2.

It appears that the possession of the petitioners' land has been taken after the award is passed.

3.

The petitioner had moved Reference u/s 28A of the Land Acquisition Act, before the Collector. The same is allowed eventually in the year 2010. The contention of the petitioner is that, the amount is paid in the year 2018. Except the amount not being received by the Acquiring Body, no other reason is given.

2 21WP2778.2018 4.

The petitioner as such would be entitled for interest u/ 28 of the Land Acquisition Act for the enhanced amount of compensation.

5.

In the light of the above, the respondents shall pay interest as per Section 28 of the Land Acquisition Act to the petitioner expeditiously, preferably within a period of four months from today. 6.

The Writ Petition is accordingly disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde