Rambhau Shamrao Ghandge v. Ex. Engineer, Nimna Dudhana Project Selu And ORS

{1} 915CA8749-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8749 OF 2018 IN FIRST APPEAL NO. 1837 OF 2017 Rambhau Shamrao Ghandge

Versus

Executive Engineer, Nimna Dudhana Project Selu an Ors. ...

Advocate for Applicants : Mr. Kumar Gaurav M. More, Advocate for Respondent No. 1 : Mr. B.R. Surwase AGP for Respondent No. 2 : Mr. S.N. Morampalle CORAM : A.M. DHAVALE,J.

DATE: 27th JULY, 2018 PER COURT:- 1.

The learned advocate for the applicant submits that the respondent No.1/appellant has deposited amount and the court has granted stay to the execution of the award/decree. He submits that the entire amount is not deposited while learned advocate for the respondent No.1 submits that entire amount has been deposited in this court.

2.

The applicant-original claimant has filed present application for withdrawal of the amount.

The advocate for

{2} 915CA8749-18 the applicant submits that in similar matters arising out of the same award, permission is granted to withdraw the entire amount.

3.

Learned advocate for the respondent No.1/appellant relies on the Full Bench Judgment in the case of State of Maharashtra Vs. Kailash Shiva Rangari to submit that payment of interest both under section 28 and 34 of the Land Acquisition Act, 1894, are not permissible, and therefore, those amounts should not be permitted to be withdrawn.

4.

Learned advocate for respondent No.1 submits that the deposited amount is only with regard to the interest under section 28 and not under section 34. The parties shall submit statement of calculation and amount deposited. 5.

I find that grant of interest both under sections 28 and 34 is, prima facie, wrong. Therefore, if any amount of interest is deposited under section 34, it cannot be permitted to be withdrawn.

6.

It is argued that since possession was taken after the

{3} 915CA8749-18 notification, but before the Award, the applicants/original claimant is entitled for interest only from the date of Award. I find that the applicant/original claimant would be entitled for rental compensation from the date of possession till the date of Award. Hence, I direct as follows :- (i) Out of the deposited amount excluding the interest under section 34, 75% amount shall be paid to the applicant/original claimant on undertaking and the balance 25 % shall be paid on furnishing solvent sureties to the satisfaction of the Registrar.

(ii) If the interest under section 34 is not deposited, the entire amount will be paid as above.

7.

Civil Application stands disposed of as above. ( A.M.DHAVALE, J ) mta