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Bombay High CourtWP/7395/2015disposed offdismissed for default

Eknath Bhaguji Bhange v. State Of Maharashtra And Others

2016-09-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7395 OF 2015 Eknath S/o Bhaguji Bhange Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.D.R.Jayabhar, advocate for the petitioner. Ms.S.S.Raut, A.G.P. for the State.

CORAM : S.V.GANGAPURWALA AND V.K.JADHAV,JJ.

Date : 07.09.2016.

PER COURT :

1.

Heard.

2.

Mr.Jayabhar, learned counsel submits that the petitioner has been paid rental compensation, however, has not been paid interest at the rate of 6% p.a. on the delayed payment of rental compensation.

3.

Learned A.G.P. states that the Government Resolution allowing rental compensation does not state about paying interest. 4.

It has been held by the Apex Court that even on delayed payment of rental compensation, the claimant is entitled for interest. Reliance can be had to the judgment of the Apex Court in the case of "State of Maharashtra and others Vs. Maimuma

Banu and others" reported in AIR 2003 Supreme Court 3698. 5.

The petitioner may make a comprehensive application/representation to the competent authority. The competent authority shall take decision as per law on the same within six (6) months from the date of receipt of the application. 6.

The Writ Petition is disposed of. No costs.

(V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) Dt.07.09.2016.

asp/office/wp7395.15