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Bombay High CourtWP/1599/2013disposed offdismissed for default

Ramanjudas Badrinarayan Daga v. The State Of Maharashtra And ORS

2016-01-07Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice A.M. Badar1 pages

{1} 926 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1599 OF 2013 RAMANJUDAS BADRINARAYAN DAGA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Niteen V. Gaware. AGP for Respondent/State : Mr. S. N. Morampalle. CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.

DATE : 7TH JANUARY, 2016.

PER COURT:

1] Mr Gaware, learned counsel submits that the petitioner is entitled for rental compensation. However, same has not been paid to him. According to him, notification under Section 4 has been issued on 21.4.1988 and possession is taken in 1989. As such, till the date of award, the petitioner be paid rental compensation.

2] According to learned AGP, the petitioner is not entitled for rental compensation.

3] As admittedly, the possession is taken in 1989, subsequent to the notification under Section 4 dated 21.4.1988, the petitioner is entitled for the interest and not for rental compensation. 4] In view of the above, there is no substance in the petition. Same is disposed of.

[A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-