Land Acquisition Officer And Ors. vs Narcinva S.V. Sinai Velingkar And ...
2006 Latest Caselaw 813 Bom

JUDGMENT

Kakade P.V., J.

1. Heard learned Counsel for both the parties. Perused the record.

2. It appears that by order dated 11/8/2006, Civil Revision Application No. 26 of 2003 Narcinva S.V. Sinai Velingkar v. Land Acquisition Officer reported in 2006(5) Bom.C.R. (P.B.) 707 came to be allowed, wherein the question was determined as to when the possession of the acquired property was taken by authorities under the provisions of the Land Acquisition Act.

3. The issue already decided in the Civil Revision Application No. 26 of 2003 would have bearing over the issue involved in the present revision application, so as to determine the quantum of interest amount to be payable. No doubt that the question of liability to pay interest after deposit is made, also is raised in this application which should be, in my considered view, left open for agitation.

4. Hence, in view of earlier judgment in (Civil Revision Application No. 26 of 2003), the order dated 17/2/2004 is hereby set aside and the matter is remanded to the District Court, South Goa, Margao for hearing afresh the parties, and for making calculations of compensation amount and interest thereon payable to the claimants. The matter to be adjudicated within a period of 3 months from the date of this order. It is clarified that the issue regarding the question of payment of interest after depositing the compensation amount in the Court, is left open. With these directions the present Civil Revision Application stands disposed of with no order as to costs.