Bombay High CourtFA/586/2020partly allowed and partly dismissed

G.M.I.D.C., Thr Its Ex. Engineer, Latur Medium Project, Division At Latur v. Satish Hanmant Bhandare And ANR

2023-08-21Hon'Ble Shri Justice Arun R. Pedneker5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 589 OF 2020 Ram s/o. Vitthal Haridas Age: major, Occu. Agril.

Mr.T.G.Gaikwad, Advocate for the respondent no.1 AND FIRST APPEAL NO. 586 OF 2020 Satish s/o. Hanmant Bhandare Age: 47 yrs., Occu. Agril.

Mr.S.V.Gundre, Advocate for the respondent no.1 AND FIRST APPEAL NO. 587 OF 2020 Vishwanath s/o. Kishan Gurav Age: 45 yrs., Occu. Agril.

Mr.S.V.Gundre, Advocate for the respondent no.1 AND FIRST APPEAL NO. 588 OF 2020

Rangnath s/o. Kishan Gurav, Age: major, Occu. Agril.

Mr.S.V.Gundre, Advocate for the respondent no.1 CORAM : ARUN R. PEDNEKER, J.

DATE : 21.08.2023 P.C. :

1] The parties are ad idem that this Court, by order dated 29th April, 2022 in First Appeal No.1 of 2022 with connected matters has partly allowed and modified the award, as under :

(II) The award passed in LAR Nos.683/2000 and 684/2000 by the 4th Joint

Civil Judge, Senior Division, Latur stand modified to the extent of awarding interest under Section 28 of the Land Acquisition Act, 1894 which reads as under :- 5.

The appellants/acquiring body shall pay interest to the claimants in both LAR proceedings referred above @ 9% per annumn from the date of award till realization of enhanced amount of compensation.

2] The learned counsel for the parties further submit that this Court, by order dated 13th June, 2022 in First Appeal No.2450 of 2019 with connected appeals has maintained the same order, which was passed in the earlier in First Appeal No.1 of 2022 with connected matters. The leaned counsel for the parties further submit that the order dated 13th June, 2022 would be applicable to the facts of the present matters.

3] In view of the same, the present First Appeals are disposed of in terms of the order dated 29th April, 2022 passed in First Appeal No.1/2022 with connected appeals.

4] In view of the same, the respondents - claimants are entitled to 9% p.a. on the enhanced compensation from the date of award till realization of the enhanced amount of compensation. I am informed by the learned counsel appearing for the parties that the amount is deposited in this Court. The claimants are permitted to withdraw the entire amount along with interest accrued thereon.

5] In view of disposal of main First Appeals, pending Civil Application, if any, does not survive and the same stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC