Bombay High Court
Shivaji Bapu Kakade And Ors vs The State Of Maharashtra And Anr on 31 July, 2017
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2471 OF 2016
1. Jalindar s/o Jagannath Bhagat,
Age: 56 years, Occu.: Agril.,
R/o.: Kinhi, Tq. Ashti, Dist. Beed.
2. Bebi Jalindar Bhagat,
Age : 48 years, Occu.: Agril.,
R/o.: As above. .... APPELLANTS.
VERSUS
1. The State of Maharashtra,
Through The Collector, Beed.
2. The Executive Engineer,
M.I.L.S. Beed. .... RESPONDENTS.
WITH
FIRST APPEAL NO. 2472 OF 2016
Shashikala Jagannath Bhagat,
Age: 72 years, Occu.: Agril.,
R/o.: Kinhi, Tq. Ashti, Dist. Beed.
.... APPELLANT.
VERSUS
1. The State of Maharashtra,
Through The Collector, Beed.
2. The Executive Engineer,
M.I.L.S. Beed. .... RESPONDENTS.
WITH
FIRST APPEAL NO. 2473 OF 2016
1. Sarjerao s/o Dagdu Kakade,
Age: 70 years, Occu.: Agril.,
R/o.: Kinhi, Tq. Ashti, Dist. Beed.
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2. Sunil s/o Sarjerao Kakade,
Age : 50 years, Occu.: Agril.,
R/o.: As above.
.... APPELLANTS.
VERSUS
1. The State of Maharashtra,
Through The Collector, Beed.
2. The Executive Engineer,
M.I.L.S. Beed. .... RESPONDENTS.
WITH
FIRST APPEAL NO. 2474 OF 2016
1. Bhimrao s/o Bapurao Kakade,
Age: 64 years, Occu.: Agril.,
R/o.: Kinhi, Tq. Ashti, Dist. Beed.
2. Arjun s/o Bapurao Kakade,
Age : 56 years, Occu.: Agril.,
R/o.: As above.
3. Sampat s/o Bapurao Kakade,
Age : 52 years, Occu.: Agril.,
R/o.: As above.
4. Dattatraya s/o Bapurao Kakade,
Age : 48 years, Occu.: Agril.,
R/o.: As above.
.... APPELLANTS.
VERSUS
1. The State of Maharashtra,
Through The Collector, Beed.
2. The Executive Engineer,
M.I.L.S. Beed. .... RESPONDENTS.
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WITH
FIRST APPEAL NO. 2475 OF 2016
1. Shivaji s/o Bapu Kakade,
Age: 48 years, Occu.: Agril.,
R/o.: Kinhi, Tq. Ashti, Dist. Beed.
2. Sunil Bapu Kakade,
Age : 45 years, Occu.: Agril.,
R/o.: As above.
3. Sahaji s/o Bapu Kakade,
Age : 42 years, Occu.: Agril.,
R/o.: As above.
.... APPELLANTS.
VERSUS
1. The State of Maharashtra,
Through The Collector, Beed.
2. The Executive Engineer,
M.I.L.S. Beed. .... RESPONDENTS.
......
Advocate for Appellants : Shri Shinde Chandrakant K.
AGP for Respondent: Shri. C.V. Dharurkar
...
CORAM : P. R. BORA, J.
DATE : 31.07.2017
ORAL JUDGMENT :
1) With consent of the learned Counsels appearing for the
parties heard finally.
2) The learned Counsel for the appellants submitted that the
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appellants are now restricting their claim only to the non-grant of
interest by the Reference Court under Section 28 & Section 34 of the
Land Acquisition Act. He, therefore, sought leave to make the necessary
amendment in the petition as well as in the prayer clause. Leave sought
is granted. Necessary amendment be carried out forthwith.
3) Shri Shinde, the learned Counsel for the appellants
restricted his argument only to the extent of the error committed by the
Reference Court in not awarding the interest under Sections 28and 34 of
the Land Acquisition Act on the enhanced amount of compensation. The
learned Counsel submitted that though in the body of the judgment the
Reference Court has accepted the right of the appellants to receive the
interest under Section 28 & Section 34 of the Act in accordance with the
provisions thereunder, in the order clause, no such order has been
passed by the Reference Court. The learned Counsel, therefore, prayed
for modification of the impugned order accordingly. The learned AGP
submitted that the appropriate order may be passed in view of the
submission made on behalf of the appellants.
4) Perusal of the impugned order shows that the Tribunal has
failed in awarding the interest to the appellants / claimants on the
enhanced amount of compensation under Section 28 & Section 34 of the
Act. It need not be stated that the appellants are entitled to receive the
interest on the enhanced amount of compensation under Section 28 &
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Section 34 of the Act in accordance with the said provisions. The award
to the said extent, therefore, needs to be modified. Hence, the following
order.
ORDER
1. The appellants are held entitled for the interest on
the enhanced amount of compensation as has been
enhanced by the Reference Court under Sections 28 &
34 of the Land Acquisition Act in accordance with law.
2. The award be modified accordingly.
3. The appeals stand allowed in the aforesaid terms.
(P. R. BORA)
JUDGE
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