Bombay High CourtMCA/342/2015disposed of

Smt. Umadevi Raje Wadiyar And 2 ORS., v. State Of Goa, Through The Land Acquisition Officer And ANR.,

2015-12-11Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 342 OF 2015 IN FIRST APPEAL NO. 105 OF 2001 SMT. UMADEVI RAJE WADIYAR AND 2 ORS., ... Applicants

Versus

STATE OF GOA, THROUGH THE LAND ACQUISITION OFFICER AND ANR., ... Respondents Mr. R.G. Ramani, Advocate for the Applicants. Mr. Sagar Dhargalkar, Additional Government Advocate for the Respondents.

Coram:- C. V. BHADANG, J.

Date:- 11th December, 2015 P.C:

Heard Mr. Ramani, the learned Counsel for the applicants and Mr. Dhargalkar, the learned Additional Government Advocate for the respondents.

2. As per the office report, an amount of Rs.13,81,981/- is lying in this Court. The applicants have submitted a computation according to which, the applicants are entitled to an amount of Rs.9,21,727.31/- as on 04.07.2014. The learned Additional Government Advocate, on instructions from the concerned Executive Engineer, who is present before the Court, fairly submits that he does not dispute the correctness of the said computation and the entitlement.

MCA/342/2015

3. In that view of the matter and in view of the concession, the applicants would be entitled to withdraw the amount of Rs.9,21,727.31/- forthwith. Insofar as the entitlement of interest from 05.07.2014 is concerned, the parties submit that the Registrar (Judicial) of this Court may be directed to compute the amount of interest from 05.07.2014, till the date of payment, as per the prevailing bank rate. The learned Additional Government Advocate has no objection if, such a course of action is followed.

4. In such circumstances, the following order is passed: (a) The office shall permit the applicants to withdraw the amount of Rs.9,21,727.31/- forthwith.

(b) The learned Registrar (Judicial) shall compute the amount of interest from 05.07.2014, till the date of payment, as per the prevailing bank rate and pay the said amount to the applicants. (c) The remaining amount shall be made over to the State. (d) The application is disposed of in the aforesaid terms. C. V. BHADANG, J.