Mah. State Electricity Transmission Co. Ltd Thr Executive Engineer, Parbhani v. Gangadhar Nagnath Knodwar And ORS

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

CIVIL APPLICATION NO.1147 OF 2015 IN FIRST APPEAL NO.1547 OF 2012 Maharashtra State Electricity Transmission Company Ltd.

... Applicant.

Versus

Gangadhar S/o Nagnath Kondwar and others.

... Respondents.

...

Mr.D.P.Palodkar, advocate for the applicant.

Mr.M.D.Narwadkar, advocate for Respondent Nos.1 and 2.

Mr.A.S.Shinde, A.G.P. for the State.

...

CORAM : S.V.GANGAPURWALA,J.

Date : 12.01.2018.

PER COURT :

1.

The present Civil Application is filed for modification of the Award.

2.

Heard Mr.Palodkar and Mr.Narwadkar, learned counsel for respective parties.

3.

Mr.Narwadkar, learned counsel submits that when the judgment was delivered by this Court, the Full Bench was not there and the Court has rightly awarded the interest even U/s 34 of the Land Acquisition Act.

4.

The only grievance appears to be with regard to interest U/s 34 of the Land Acquisition Act. In para 7 of the order dated 25.11.2013 in First Appeal No.1547/2012, it is held that the claimants are entitled for statutory benefits U/s 34, 28 and solatium at the rate of 30% and additional component at the rate of 12%. It is clarified that the interest U/s 34 will be payable from the date of award as held by the Full Bench of this Court in a case of "State of Maharashtra Vs. Kailash Shiva Rangari" reported in 2016 (3) Mh.L.J.457.

5.

The Civil Application accordingly disposed of.

(S.V.GANGAPURWALA,J.) asp/office/Ca1147.15