Saluba Kisan Gore And Others v. The State Of Maharashtra And Othes

1 WP-8676.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8676 OF 2015 Saluba S/o Kisan Gore and others Mrs.A.V. Gondhalekar, AGP for respondents No. 1 to 5 WRIT PETITION NO. 8740 OF 2015 Karbhari Bhaurao Ravate and others Mr. B.V. Virdhe, AGP for respondents No. 1 to 5 WRIT PETITION NO. 8741 OF 2015 Eknath Rakhamaji Kere and others Mr. B.V. Virdhe, AGP for respondents No. 1 to 5

2 WP-8676.15 WRIT PETITION NO. 8747 OF 2015 Devidas Mahan Kere and others Mr. N.B. Patil, AGP for respondents No. 1 to 5 WRIT PETITION NO. 9120 OF 2015 Ashok Laxman Karpe and others Mr. B.V. Virdhe, AGP for respondents No. 1 to 5 WRIT PETITION NO. 9278 OF 2015 Sayaji Punjaji Karpe and others Mr. S.M. Ganachari, AGP for respondents No. 1 to 5

3 WP-8676.15 WRIT PETITION NO. 9281 OF 2015 Abarao Kaduba Kapse and others Mr. S.B. Pulkundwar, AGP for respondents No. 1 to 5 WRIT PETITION NO. 9282 OF 2015 Prabhakar Bhika Rasal and others Mrs.A.V. Gondhalekar, AGP for respondents No. 1 to 5 CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 8th AUGUST, 2016.

Order :- 1 We have heard Mr. Jamdade, Advocate for petitioners and learned Assistant Government Pleaders for respondents - State authorities and Mr. Nagargoje, holding for Mr. P.P. Kulkarni, learned counsel for respondent No. 6.

2.

Learned Assistant Government Pleader states that there were 47 applicants and the amount as per settlement has been paid to the

4 WP-8676.15 petitioners. The petitioners have now made grievance that said amount has been paid late and as per settlement interest @ Rs.12% is payable to the petitioners for delayed payment. Mr. Jamdade, learned counsel submits that the amount as per settlement has been accepted by the petitioners, however, as payment has been made late, the petitioners are entitled for interest @ Rs.12% which is not paid by the respondents.

3.

It appears that award was passed on 18-04-2010. The amount of compensation as per settlement arrived at before 'Lokadalat' is paid on 18-10-2011. There appears to be a delay of one year in making payment. The petitioners may be entitled for the interest @ 12% on the said amount for a period of one year. According to the parties, said amount is payable by the acquiring body.

4. Considering the above, we direct respondent - acquiring body to pay interest @ Rs. 12% p.a. for a period of one year on the amount of settlement to the petitioners, as expeditiously as possible, preferably within eight months from the day of this order. 5.

With aforesaid directions, writ petition stands disposed of. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK