Ex. Engineer, Latur Medium ... vs Raosaheb Tulshiram Khadap
2021 Latest Caselaw 5961 Bom

                                            1                             959-FA-3717-18.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD


                          FIRST APPEAL NO.3717 OF 2018

     EX. ENGINEER, LATUR MEDIUM PROJECT, NOW LATUR MINOR
       IRRIGATION DIV., UNDER GMIDC, AURANGABAD AND OR
                              VERSUS
                     BHAGWAT RANBA KHADAP
                                 ...
           Advocate for Appellant No.1 : Mr. B. R. Surwase
           AGP for Appellants No.2 and 3 : Mr. S. S. Dande
        Advocate for Respondents-claimants : Mr. N. D. Kendre
                                  ...
                        WITH FA/3718/2018
                        WITH FA/3723/2018
                                 ...

                                                CORAM :        ANIL S. KILOR, J.

                                                DATE     :     1st APRIL, 2021

PER COURT :-

Mr. Surwase, learned counsel appearing for appellant-

Acquiring Body has filed pursis dated 22-03-2021, stating therein

that, compensation awarded by the Reference Court in these

matters is within the limits of the Government Resolution dated 3 rd

November, 2016. Hence, the appellant- Acquiring Body does not

want to proceed further with these appeals. However, he submits

that, modification in the impugned Judgment and Award is

necessary to the extent of interest granted under Section 28 of the

Land Acquisition Act, 1894 from the date of notification under

Section 4 of the Act, whereas, it should be from the date of Award

in view of well settled position of law.

2 959-FA-3717-18.odt

2. Learned counsel appearing for the claimants is not

disputing that the claimants are entitled for the interest under

Section 28 of the Act, from the date of Award and not from the date

of notification under Section 4 of the Act.

3. In that view of the matter, with modification in clause

No. 5 of the operative part of the order of impugned Judgment

dated 28th March, 2013, passed by learned 4th Joint Civil Judge,

Senior Division, Latur, in Land Acquisition Reference No. 465 of

2006 and other connected matters, to the effect that, interest be

granted under Section 28 of Land Acquisition Act, 1894, from the

date of Award for first year @ 9% per annum and thereafter for

further period @ 15% p.a.

4. The First Appeals are, accordingly, disposed of.

( ANIL S. KILOR ) JUDGE

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