Tarachand Sambhaji Bawankule And Others v. The State Of Maharashtra, Thr. The Collector, Chandrapur And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1041 OF 2024 Tarachand Sambhaji Bawankule and others -Vs.- The State of Maharashtra and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mrs.Shilpa Giradkar, Adv. for the petitioner. Mr.D.V.Chauhan, GP with Mr.P.P.Pendke,AGP for the respondentsState. Mr.M.A.Kadu, Adv.for the respondent No.5.

CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 22ND JANUARY, 2025 Mr.Chauhan, learned GP, upon instructions of the Collector, Chandrapur, who is present on line, makes a statement that as on from today, there will be no delay in depositing the amount of award in the Courts in all matters irrespective of any dispute inter se between the claimants, as that would absolve the Authorities from the claim of interest at the behest of the claimant. We, therefore, direct the Collector, Chandrapur to place the statement on affidavit before this Court, so that appropriate directions can be passed. The communication dated 21/01/2025 is also taken on record and marked as 'X' for the purpose of identification along with its accompaniments and it is expected, that the Committee would submit its report to the Court as early as possible and in any case within a period of 30 days from today.

KHUNTE

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Mr.Chauhan, learned GP also to take instructions regarding the deposit of interest, which is calculated as of now to be a sum of Rs.13,47,489/- in this Court within a particular time period, as the payment for this amount is the responsibility of the acquiring body as well as the Land Acquisition Officer in terms of Section 34 of the L.A. Act. 3.

List the matter on 30/01/2025 for this purpose. 4.

We also make it clear, that we intend to pursue this matter to its logical end, as we are finding, that on account of non-deposit of the amount in the Court by the concerned LAO or the acquiring body within a reasonable time of the passing of the award, millions of rupees, are being required to be spent out of the public exchequer fund on account of interest, which can be otherwise utilized by the State and other authorities.

(ABHAY J. MANTRI,J) (AVINASH G. GHAROTE, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 23/01/2025 11:39:22 KHUNTE