Bombay High Court
Haridas Sitaram Kardule vs The State Of Maharashtra Thr The ... on 7 August, 2017
Bench: K.L. Wadane
1 fa713.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AURANGABAD
FIRST APPEAL NO. 713 OF 2017
Bapu s/o Nathu Kardule
since deceased through his.L.Rs.
1] Manik s/o Bapur Kardule
age 65 years, occ. Agril.
2] Ambadas s/o Bapu Kardule
age 63 years, occ. Agril.
3] Asraji s/o Bapu Kardule
since deceased through his L.Rs.
i] Chandabai wd/o Asraji Kardule
age 60 years, occ. household
ii] Balu s/o Asaraji Kardule
age 40 years, occ. Agril.
iii]Ishwar s/o Asaraji Kardule
age 35 years, occ. Agril.
All R/o Dhirdi, Tq. Ashti
District5 Beed ... Appellants
Orig. Claimants-
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
WITH
FIRST APPEAL NO. 714 OF 2017
Dnyandeo s/o Bali Kardule,
age 58 years, occ.agril.,
R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. Claimant
VERSUS
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2 fa713.17
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
FIRST APPEAL NO. 715 OF 2017
Haridas s/o Sitaram Kardule,
age 55 years, occ. Agril.,
R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. claimant
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
FIRST APPEAL NO. 716 OF 2017
Raghunath s/o Bali Kardule,
age 62 years, occ. Agril.,
R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. claimant
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
FIRST APPEAL NO. 717 OF 2017
Murlidhar s/o Shamrao Kardule,
age 52 years, occ. Agril.,
R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. claimant
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3 fa713.17
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
FIRST APPEAL NO. 718 OF 2017
Omprakash s/o Pandurang Kardule,
age 26 years, occ. Agril.,
R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. claimant
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
FIRST APPEAL NO. 719 OF 2017
Eknath s/o Lahanu Kardule,
age 65 years, occ. Agril.,
R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. claimant
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
FIRST APPEAL NO. 720 OF 2017
1] Dattoba s/o Babu Kardule,
age 60 years, occ. Agril.,
2] Mainabai Dattoba Kardule,
age 55 years, occ. Agril.,
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4 fa713.17
Both R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. claimant
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
FIRST APPEAL NO. 721 OF 2017
Dattatraya s/o Appasaheb Kardule,
age 55 years, occ. Agril.,
R/o Dhirdi, Tq. Ashti,
District Beed ... Appellant
Orig. claimant
VERSUS
1] The State of Maharashtra,
through the Collector, Beed
2] The Executive Engineer,
M.I.L.S. Division, Beed ... Respondents
.....
Mr. C.K.Shinde, advocate for the
appellants/original claimants
Mr. A.M.Phule, A.G.P for respondents
.....
CORAM : K.L.WADANE, J.
DATED : 7th AUGUST, 2017
ORAL JUDGMENT :
Heard learned counsel for the appellants
and the learned A.G.P. for the respondent/State.
5 fa713.17
2. Admit. Learned A.G.P. waives service of
notice on behalf of respondents/State after
admission.
3. With the consent of learned counsel for
the appellants and A.G.P., the appeals are taken
up for final hearing.
4. Mr. Shinde, learned counsel appearing for
the appellants points out that learned Reference
Court has not awarded interest on the excess
amount of compensation including component and
solatium as per the provisions of Section 34 of
the Land Acquisition Act.
5. Learned A.G.P. for respondent/State has
fairly conceded the legal position that interest
has to be awarded on the excess amount of
compensation as well as on the amounts of
component and solatium. However, learned A.G.P.
points out that such interest is to be awarded
from the date of award instead of from the date of
possession.
6. In view of the legal position set out by
6 fa713.17
the Supreme Court in the case of Sunder vs Union
of India, reported in AIR 2001 SC 3516, all the
appellants are entitled for the interest under
section 34 of the Act on the excess amount of
compensation as well on the amount of amounts of
component and solatium from the date of award.
7. Item no.(vii) of the operative part of the
order passed by the learned District Judge-3, Beed
is modified to the extent as indicated above.
Rest of the part of the judgment is confirmed.
8. With the modification as above, appeals
are allowed and disposed of.
9. In the circumstances of the case, there
shall be no order as to costs.
(K.L.WADANE, J.)
dbm
