The Ex. Engineer, Medium Project Div. Osmanabad Under Gmidc Aurangabad And ANR v. Raghunath Hira Gaikwad

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1487 OF 2020 WITH CIVIL APPLICATION NO.7511 OF 2017 Executive Engineer, Medium Project Division, Osmanabad & anr.

... APPELLANT

VERSUS

Raghunath Hira Gaikwad ... RESPONDENT .......

Mr. B.A. Shinde, Advocate for appellant Mr. A.B. Chate, A.G.P. for State Mr. S.A. Wakure, Advocate for respondent .......

WITH CIVIL APPLICATION NO.2346 OF 2021 IN FIRST APPEAL NO.1487 OF 2020 Raghunath Hira Gaikwad ... APPLICANT

VERSUS

Executive Engineer, Medium Project Division, Osmanabad & anr.

... RESPONDENTS .......

Mr. S.A. Wakure, Advocate for applicant Mr. B.A. Shinde, Advocate for respondent No.1. Mr. A.B. Chate, A.G.P. for respondents No.2 .......

CORAM :

R. G. AVACHAT, J.

DATE :

9th September, 2021 PER COURT :

Learned counsel for the parties to this appeal submit in one hold that, the enhancement is not more than

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four times of the amount of compensation offered by the Special Land Acquisition Officer. The State has a policy not to prefer appeal in such cases. No exception is made out. It is, however, submitted that, the interest has been awarded from the date of notification and the same is in breach of the Full Bench judgment of this Court in case of State of Maharashtra Vs. Kailash Shiva Rangari [2016 (3) Mh.L.J. 457]. In view of the same, the appeal stands disposed of ion terms of the following order:-

O R D E R

2.

Clause 4 of the impugned award is modified as under :- (i) The claimants in both petitions are also entitled to recover solatium at the rate of 30%, interest @ 9% p.a. for first year and @ 15% p.a. for the subsequent years on the enhanced compensation amount from the date of award of the Special Land Acquisition Officer i.e. 27/12/1999. (ii) Rest of the terms of the impugned award to stand unaltered.

(iii) The amount in deposit be paid to the applicant in terms of the modified award and the balance amount, if any,

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be paid back to the acquiring body along with interest accrued thereon.

(iv) In view of disposal of the First Appeal, Civil Applications stand disposed of.

( R. G. AVACHAT ) JUDGE fmp/-