Shridhar Shankar Virkar v. 1.The State Of Mahrashtra And Others

CRA 211/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 211 OF 2014 Shridhar Shankar Virkar .. Petitioner Vs.

The State of Maharashtra and others .. Respondents ---- Mr. K.S. Bhore, Advocate for the petitioner Mr. V.P. Kadam, A.P.P. for the respondent/State Mr. S.S. Dande, Advocate for the respondent no.2 ---- CORAM : M.T. JOSHI, J.

DATE : 27/03/2015 ORAL ORDER :

1.

Heard both sides.

2.

In-fact, in "State of Maharashtra and others vs. Punja Trambak Lahamge and others" 2008(5) Mh.L.J. 243, the issue has been decided and it has been clearly settled that the interest at the rate of 12% p.a. is to be granted from the date of notification under section 4 of the Land Acquisition Act till the date of either taking the possession or till the date award is passed by the Land Acquisition Officer.

3.

In the present case, the possession is

CRA 211/2014 admittedly obtained on 25/8/1990.

Further, the Executing Court cannot go behind the decree. In that view of the matter, there is no force in the revision application. The revision application is therefore dismissed without any order as to costs. Interim relief granted by this Court shall continue for a period of four (4) weeks from the date of this order.

[M.T. JOSHI] JUDGE arp/