The State Of Maharashtra And ... vs Sukhdeo Govind Ghagare And Others
2017 Latest Caselaw 4416 Bom

                                      1                    FA665.2016.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD.

                          FIRST APPEAL NO. 665 OF 2016

  1.  The State of Maharashtra.

  2.  The Executive Engineer, 
       B.I.D., Beed.                                   Appellants...
                                                  (Orig. Respondents)
           Versus

  1.   Sukhdeo Govind Ghagare, Age : Major,
  2.   Sarjerao Govind Ghagare, Age : Major,

  3.   Jagnath Govind Ghagare, Age : Major,
  4.   Jalindar Govind Ghagare, Age : Major,

  All by Occu. Agricultural, R/o. Sumbewadi, 
  Tq. Ashti, Dist. Beed.                             Respondents
                                                    (Orig. Claimants)
                                  ........

                 Shri C. V. Dharurkar, AGP for Appellant/State
                Shri C. K. Shinde, Advocate for the Respondents
                                     .........

                                     WITH
                          FIRST APPEAL NO. 706 OF 2016

  1.  The State of Maharashtra,
       Through -The Collector, Beed.
  2.  The Executive Engineer, 
       B.I.D., Beed.                                   Appellants...
                                                  (Orig. Respondents)
           Versus
  Santosh Bhagwan Selake
  Age : 29 years, Occu. Agricultural,
  R/o. Sumbewadi, Tal. Ashti,
  Dist. Beed.                                              Respondent
                                                       (Orig. Claimant)
                                     ........


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                                           2                        FA665.2016.doc

                   Shri S. P. Sonpawale, AGP for the appellants
                     Shri C. K. Shinde, Advocate Respondent 
                                      .........

                                                        CORAM : P.R. BORA, J.
                                                        Dated: July 12, 2017

  ORAL JUDGMENT :-

  1.       When   the   present   appeals   are   taken   up   for   hearing,   it   is 

  pointed   out   that   the   companion   matters   arising   out   of   the   same 

  common Judgment and Award have been already decided by this 

  Court on 13.06.2017.  Learned Counsel submitted that, in the said 

  matters this Court has modified the impugned common Judgment 

  and   Award   only   to   the   extent   of   the   interest   granted   by   the 

  reference   Court   under   Section   34   of   the   Land   Acquisition   Act 

  (hereinafter referred to as the 'Act) from the date of possession and 

  has made the interest under Section 34 of the Act payable from the 

  date of Award under Section 11 of the Act. 



  2.       Shri.   Sonpawale,   learned   AGP   does   not   dispute   the 

  correctness of the facts as noted above.  Learned AGP submits that, 

  in the present appeals also though the State has raised an objection 

  as about the determination of the amount of compensation by the 

  Reference Court, the said objection is not now pressed by the State 

  in view of the earlier decision rendered by this Court.  Learned AGP 

  submitted that, the only objection which needs consideration in the 



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                                            3                        FA665.2016.doc

  present appeals is grant of interest by the Reference Court under 

  Section 34 of the Act from the date of possession. Learned Counsel 

  relying upon the Full bench judgment of this Court in the case of 

  State of Maharashtra Vs. Kailash Shiva Rangari reported in 2016  

  (4) Bom.C.R. 1  submitted that the reference Court could not have 

  awarded the interest under Section 34 of the Act from the date of 

  possession.  Shri. Shinde, learned Counsel fairly submitted that to 

  that   extent   the   impugned   Judgment   can   be   modified   and 

  appropriate   orders   can   be   passed.   In   view   of   the   submissions   so 

  made, the following order is passed. 



                                         ORDER

1. The impugned Judgment & Award in L.A.R. No.448/2006 and L.A.R. No.443/2006 stand set aside to the extent of the interest awarded under Section 34 of the Act from the date of possession. Such interest is made payable from the date of award under Section 11 of the Act. The other part of the Award is maintained as it is.

2. Both the appeals stand partly allowed to the aforesaid extent.

3. Pending civil application, if any, stands disposed of.

4. As requested on behalf of the original claimants the amount of compensation deposited by the State in the present appeals

4 FA665.2016.doc

as well as in the connected appeals arising out of the same common Judgment and Award be transmitted to the reference Court so as to facilitate the withdrawal of the said amount by the respective claimants. While permitting the withdrawal of the said amount, the reference Court shall take into account that the Award passed has been modified in so far as the interest awarded under Sec.34 of the Act and will take necessary steps to recalculate the amount of the original claimants.

5. After disbursement of the amount as per the modified Award to the respective claimants, the surplus amount, if any, be refunded to the State Government.

( P.R. BORA, J. ) ggp