Manohar Bapurao Hogale v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.1311 OF 2020 WITH CIVIL APPLICATION NO.10228 OF 2019 Navnath Krishna Jamale Mr. A.B. Kale, Advocate for respondent CIVIL APPLICATION NO.3591 OF 2021 IN FIRST APPEAL NO.1311 OF 2020 Navnath Krishna Jamale ... APPLICANT The State of Maharashtra & ors.

Mr. A.B. Kale, Advocate for applicant Mr. S.S. Dande, A.G.P. for respondents No.1 and 2 FIRST APPEAL NO.1314 OF 2020 WITH CIVIL APPLICATION NO.10234 OF 2019 Tajoddin Ismail Tamboli & anr.

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CIVIL APPLICATION NO.3589 OF 2021 IN FIRST APPEAL NO.1314 OF 2020 Tajoddin Ismail Tamboli & anr.

...APPLICANTS Mr. A.B. Kale, Advocate for applicants FIRST APPEAL NO.1315 OF 2020 WITH CIVIL APPLICATION NO.10232 OF 2019 Smt. Bhamabai Ravan Dhumal & ors.

CIVIL APPLICATION NO.3590 OF 2021 IN FIRST APPEAL NO.1315 OF 2020 Smt. Bhamabai Ravan Dhumal & ors.

...APPLICANTS

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Mr. A.B. Kale, Advocate for applicants FIRST APPEAL NO.1316 OF 2020 WITH CIVIL APPLICATION NO.10230 OF 2019 Namdeo s/o Vithoba Manake & anr.

CIVIL APPLICATION NO.3592 OF 2021 IN FIRST APPEAL NO.1316 OF 2020 Namdeo s/o Vithoba Manake & anr.

...APPLICANTS Mr. A.B. Kale, Advocate for applicants FIRST APPEAL NO.1312 OF 2020 WITH CIVIL APPLICATION NO.10238 OF 2019

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Manohar s/o Bapurao Hogale ... RESPONDENT Mr. A.B. Kale, Advocate for respondent CIVIL APPLICATION NO.8043 OF 2020 IN FIRST APPEAL NO.1312 OF 2020 Manohar s/o Bapurao Hogale ...APPLICANT Mr. A.B. Kale, Advocate for applicant FIRST APPEAL NO.1313 OF 2020 WITH CIVIL APPLICATION NO.10236 OF 2019 Ambrushi s/o Vithoba Manke & anr.

CORAM :

R. G. AVACHAT, J.

DATE :

5th AUGUST, 2021 PER COURT :

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Heard learned counsel for the parties. The dispute pertains only to the date from which the interest is to be awarded. The Reference Court has granted it @ 9% p.a. from the date 1/11/2004 i.e. on which the Notification under Section 4 of the Land Acquisition Act was published. The learned counsel are at one to submit that, in view of the judgment in the case of State Vs. Kailash Shiva Rangari [2016

(3) Mh.L.J. 457], the interest ought to have been awarded from the date of award. In the present case, the date of award is 31/3/2006. To that extent, the impugned award passed by the Reference Court needs to be modified. Hence the order :

O R D E R

(i) Clause 5 of the impugned award dated 22/11/2013 is modified as under :

Compensation received from LAO in respect of acquired lands, be deducted from the amount of enhanced compensation and balance amount be paid to the claimants along with interest @ 9% p.a. for the period from 31/3/2006 to 30/3/2007 and 15%

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interest for the period from 31/3/2007 to the date of payment made by the Special Land Acquisition Officer.

The amount in deposit with this Court/ Reference Court be paid to the claimants in terms of the modified award and the balance amount be paid back to the acquiring body.

To this extent, the award stands modified. Rest of the terms of the award to stand unaltered.

(ii) First Appeals are disposed of accordingly.

(iii) The Civil Applications stand disposed of in terms of the above order.

( R. G. AVACHAT ) JUDGE fmp/-