Motichand Hiraman Chavan v. The Stare Of Maharashtra And Others

fa1899-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1899/2015 Motichand Hiraman Chavan

Versus

The State of Maharashtra 2]The Special Land Acq.Officer,Osmanabad 3]The Executive Engineer (Nirman),Central Railway,Solapur ...

Shri V.P.Kadam,Adv. for appellant Shri D.V.Tele,AGP for respondent nos.1 and 2. Shri M.N.Navandar,Adv. for respondent no.3 ...

CORAM : S.V.GANGAPURWALA,J.

DATED : 12TH OCTOBER, 2015 ORDER :- The present appeal is limited to the extent of non grant of interest u/s 28 of the Land Acquisition Act by the Reference Court. 2] Heard Mr.Kadam, learned counsel for appellant, learned AGP for respondent State and Mr.Navandar, for respondent no.3. 3] As the issue with regard to the quantum of the amount of compensation awarded is not important to decide present appeal, the same is not considered.

4] Present appeal is restricted to the extent of non grant of interest u/s 28 of the Land Acquisition Act.

fa1899-15 -25] The Reference Court has not given any reasons while not granting benefit of interest u/s 28 of the Land Acquisition Act as to why the claimant is not entitled for the said interest. 6] There is no reason for not granting interest u/s 28 of the Act. In light of that, the order passed by Reference Court is modified to the extent that the appellant/claimant would also be entitled for the benefit u/s 28 of the Act.

7] In the result, I pass following order :

In addition to the award passed by Reference Court, it is held that respondent shall also pay interest to the present appellant u/s 28 of the Land Acquisition Act. First Appeal accordingly disposed of. No costs.

[S.V.GANGAPURWALA,J.] umg/