The Ex. Engineer, Medium Project Osmanabad Division, Osmanabad v. Baburao Kerba Pade And ORS

15-FAs.662,665 and 663 of 2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.662 OF 2020 THE EXECUTIVE ENGINEER, MEDIUM PROJECT, OSMANABAD DIVISION, OSMANABAD

VERSUS

BABURAO KERBA PADE AND ORS AND FIRST APPEAL NO.665 OF 2020 AND FIRST APPEAL NO.663 OF 2020 ---- Ms.Sunita Shelke, Advocate for appellants Mr.S.A.Wakure, Advocate for respondent nos.1 and 2 Mr.R.B.Bagul, AGP for respondent no.3 ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 16, 2021 ORDER :- In all these appeals, enhancement granted by the reference Court is not more than four times of the compensation awarded by the S.L.A.O. The State has a policy not to prefer appeal in such cases. No exception is made out. Interest has, however, been awarded from the date of the notification under Section 4 of the Land Acquisition Act, instead of awarding the same from the date of award. The same is in breach of the dictum of Full Bench judgment in the case of State of Maharashtra Vs. Kailash Shiva Rangari, 2016(3) Mh.L.J. 457. To that extent, the impugned award needs to be modified.

15-FAs.662,665 and 663 of 2020 2.

In view of the same, the appeals are partly allowed in terms of following order:- (i) The date "16.03.1993" appearing in clause 7 of the impugned award, is replaced with the date "12.07.2012". Rest of the terms of the impugned award to stand unaltered.

(ii) The amount in deposit be paid to the respondent/ claimants along with interest accrued thereon.

(iii) Balance amount be paid back to the appellant/acquiring body. [R.G. AVACHAT, J.] KBP