Kamalakar S/O Nanaji Shinde v. The State Of Maharashtra, Thr. Secretary, Dept. Of Irrigation, Mumbai

2024:BHC-NAG:13210-DB 1 17wp4190.2023..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 4190 OF 2023 (Kamlakar s/o Nanaji Shinde Vs. State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.S. Shingane, Advocate for petitioner.

Mr. N.R. Rode, AGP for respondent Nos. 1 to 4/State. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATED : 04-12-2024 Mr. Rode, learned Assistant Government Pleader submits, that the amount of Rs.9,70,000/- shall be deposited in the Court during the course of the day. In case, it is deposited, the petitioner is permitted to withdraw the same. That takes care of the basic grievance of the petitioner regarding non payment of the amount of compensation.

2.

In so far as the interest part is concerned, claim is made for grant of interest @ Rs. 15% p.a. from the date of the award dtd. 25.4.2019 till today, upon the additional compensation of Rs. 2,63,446/-. The rate of 15% interest p.a. is a statutory provision which is encapsulated in Sec. 34 of the Land Acquisition Act in view of which payment of interest at the aforesaid rate cannot be disputed. In that view of the matter, we dispose of the petition by directing the respondents to calculate the interest @ 15% p.a. on Rs. 2,63,446/- from 01.06.2019 till today and make payment of the same to the petitioner within a period of three weeks from today. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Belkhede