Bombay High CourtFA/3576/2019admittedallowedgrantedrule absolute

The Executive Engineer, Upper Pravara Project Dam Division, Sangamner, Thr Gmidc Aurangabad v. Bhaga Rambhau Chaudhari And ORS

2021-07-12Hon'Ble Shri Justice R. G. Avachat6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 3574 OF 2019 Vishnu Mahadu Shete Navnath Vishnu Shete and Others Mr. A.M. Gaikwad, Advocate for appellant no.1 Mr. V.Y. Bhide, Advocate for respondent nos. 1-A, 1-B, 2-A, 3 to 6 FIRST APPEAL NO. 3575 OF 2019 Urdhava Pravara Project Dam Division ..APPELLANT State of Maharashtra and Others Mr. Sartaj Pathan, Advocate h/f Mr.V.C. Solshe, Advocate for appellant Mr. V.Y. Bhide, Advocate for respondent nos. 2, 3-A to 3-E FIRST APPEAL NO. 3576 OF 2019 Upper Pravara Project Dam Division ..APPELLANT Bhaga Rambhau Chudhari and Others 1 / 6

Mr. S.G. Bhalerao, Advocate for appellant Mr. V.Y. Bhide, Advocate for respondent nos. 1 to 4 Mr. S.S. Dande, A.G.P. for respondent no.5 - State FIRST APPEAL NO. 3577 OF 2019 Urdhava Pravara Canal Division and Another Ranganath Haribhau Chaudhari (Died) Through L.Rs.

Anjanabai Rangnath Chaudhari and Others Mr. R.D. Reddy, Advocate for appellant no.1 FIRST APPEAL NO. 3578 OF 2019 Urdhava Pravara Canal Division and Another Vasant Dhondiba Dhumal and Others Mr. R.D. Reddy, Advocate for appellant no.1 2 / 6

FIRST APPEAL NO. 492 OF 2021 Kisan Mahadu Chaudhari and Another Mr. A.M. Gaikwad, Advocate for appellants FIRST APPEAL NO. 494 OF 2021 Balkrushna Mahadu Chaudhari Dropadabai Balkrushna Chaudhari and Others Mr. A.M. Gaikwad, Advocate for appellants FIRST APPEAL NO. 496 OF 2021 Urdhava Pravara Project Dam Division ..APPELLANT State of Maharashtra and Others 3 / 6

Mr. Sartaj Pathan, Advocate h/f Mr.V.C. Solshe, Advocate for appellant Mr. V.Y. Bhide, Advocate for respondent nos. 2, 3, 5 and 6 FIRST APPEAL NO. 497 OF 2021 Tukaram Rambhau Shete Chandrabhaga Tukaram Shete and Others Mr. A.M. Gaikwad, Advocate for appellants FIRST APPEAL NO. 498 OF 2021 Haribhau Nivrutti Shete and Another Mr. A.M. Gaikwad, Advocate for appellants CORAM : R.G. AVACHAT, J.

DATED : 12th JULY, 2021 4 / 6

PER COURT :

Heard learned counsel for the parties to these appeals. 2.

In all these appeals, the challenge is to the clause in award/s, directing payment of interest under Section 28 of the Land Acquisition Act ('L.A. Act'), from the date of notification.

The issue is no longer res integra. In the case of State of Maharashtra Vs. Kailash Shiva Rangari; 2016 (3) Mh.L.J. 457, a full Bench of this Court has held that interest under Section 34 of the L.A. Act can be awarded from the date of the award. This Court, in the case of State of Maharashtra Vs. Ramesh Tukaram Meshra and Others; 2018 (3) Mh.L.J. 616, relying on the interpretation of Section 34 of the L.A. Act, made by the full Bench of this Court in Kailash Rangari's case (supra), has held that interest under Section 28 of the L.A. Act can be awarded from the date of the award. 4.

In view of the aforesaid legal position, the impugned award/s to the extent of awarding interest under Section 28 of the L.A. Act from the date of notification is/are modified by awarding interest from the date of the award.

5 / 6

All the appeals are thus, allowed. The impugned award/s, to the extent directing interest under Section 28 of the L.A. Act to be payable from the date of notification, is/are modified directing that interest shall be payable from the date of the award. Rest of the terms of the impugned award to stand unaltered.

( R.G. AVACHAT, J. ) SSD 6 / 6