Shrikant Shankarrao Daulatkar And Others v. The State Of Maharashtra Through Its Secretary Revenue And Forest, Revenue Department And Others

CAO1847-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAO NO.1847/2015 IN MCA ST. NO.16506/2015 IN W.P.NO. 1923/2014 (D) (SHRIKANT SHANKARRAO DAULATKAR & ORS VERSUS THE STATE OF MAHARASHTRA & ORS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Kshirsagar, counsel for the applicants. Ms T. Khan, A.G.P. for the respondent.

CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : OCTOBER 16 , 2015.

Heard. Perused the contents of the application. The delay in filing the review application is condoned. The civil application is allowed and disposed of. M.C.A. ST. NO.16506/2015.

According to the applicants, the applicants were entitled to interest on the compensation amount in terms of the provisions of the Land Acquisition Act, 1894 but, the land acquisition officer has not deposited the compensation with interest. It is stated that the interest amount was not deposited and, hence, the applicants did not receive the same. On hearing the learned counsel for the parties, we find that in the writ petition, the petitioners had sought a declaration that there was a lapsing of the proceedings under Section 24(2) of the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as the petitioners' possession was not lost and the compensation was not paid to the petitioners. While dismissing the writ petition, in the passing, we had directed the Government to pay the compensation payable to the petitioners under the Land Acquisition Act, 1894. If the applicants-petitioners have any grievance in regard to the non-

CAO1847-15 payment of the amount due towards compensation-interest, the applicants-petitioners are free to take up appropriate proceedings. However, the said matter cannot be a ground for reviewing the order that is sought to be reviewed.

The miscellaneous civil application is disposed of. JUDGE JUDGE APTE