Bombay High Court
Jagdish S/O Kashiprasad Tiwari vs The Special Land Acquisition ... on 16 November, 2017
Bench: Ravi K. Deshpande
1 wp1092.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1092 OF 2013
Jagadish s/o. Kashiprasad Tiwari,
Aged Major, Occ. Nil, r/o. Kanhan,
Tq.Paraseoni, District Nagpur. .......... PETITIONER
// VERSUS //
1. The Special Land Acquisition
Officer, Pench Project 1,
Nagpur, Collectorate,
Civil Lines, Nagpur.
2. Western Coalfields Ltd.,
through General Manager,
Coal Estate, Civil Lines,
Nagpur.
3. Deputy General Manager (M)/
SAM W.C.L. Sub-Area
Kamptee, Tq. Paraseoni,
District Nagpur. ......... RESPONDENTS
::: Uploaded on - 27/11/2017 ::: Downloaded on - 27/11/2017 23:59:42 :::
2 wp1092.13
____________________________________________________________
None for the petitioner.
Mr.S.S.Doifode, Advocate for Respondent No.1.
Mr.S.C.Mahajan, Advocate for Respondent Nos. 2 & 3.
____________________________________________________________
CORAM : R. K. DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 16TH NOVEMBER, 2017.
ORAL JUDGMENT (Per R. K. Deshpande, J) :
1. This Writ Petition seeks a direction to respondent nos. 2
and 3 to pay a sum of Rs.11,74,472/- towards the rental
compensation and interest thereon.
2. It is not in dispute that possession of the land in
question was taken vide agreement dated 20 th July, 1999, a copy of
which is placed on record as 'Annexure R-1". Reply is filed by
respondent nos. 1 and 2. At the time of taking possession of the land,
advance payment of Rs.1,22,090/- was made to the petitioner.
Subsequently, an Award was passed on 14.7.2010 under Section 12
of the Land Acquisition Act, 1884. Paragraph 23 therein directs
payment of rental compensation @ 8 % p.a. on the amount of Award
3 wp1092.13
from the date of taking possession of the lands in question till
passing of the Award.
3. Possession receipt produced on record shows the date of
possession as 20.7.1999 and the Award was passed on 14.7.2010.
The petitioner would, therefore, be entitled to rental compensation
@ 8% p.a. on the amount of rental compensation payable as per the
Government Resolutions dated 1.12.1972, 2.4.1979, 26.12.2003 and
such other Government Resolutions, as are applicable. The
controversy is covered by the decision of this Court in the case of
Bhagwat s/o. Nathu Patil vs. State of Maharashtra reported in
2009 (3) Mh.L.J. 413.
4. It is pointed out by Mr.S.C.Mehadia, learned Counsel
appearing on behalf of respondent nos. 2 and 3 i.e. Western Coal
Fields Ltd., the acquiring body, that from the amount of rental
compensation payable to the petitioner, the advance payment made
to the petitioner of Rs.1,22,090/- was not deducted and therefore,
the same is required to be deducted from the amount of rental
compensation payable to the petitioner. We have gone through the
4 wp1092.13
petition and we find that the petitioner has also expressed that such
deduction is required to be made.
5. In the result, the Writ Petition is allowed.
a. Petitioner be paid the rental compensation @ 8% on
the amount of rental compensation payable as per the
Government Resolutions dated 1.12.1972, 2.4.1979,
26.12.2003 and such other Government Resolutions, as are
applicable payable to the petitioner for the period from
20.7.1999 to 14.7.2010, within a period of three month
from today.
b. The respondent/Western Coal Fields Ltd. shall be
entitled to retain an amount of Rs.1,22,090/- out of such
amount payable to the petitioner and the balance amount
shall be paid to the petitioner.
5 wp1092.13
c. Rule is made absolute in the above terms. No order
as to costs.
JUDGE JUDGE
[jaiswal]
