The Ex. Engineer, Osmanabad ... vs Suresh Chimaji Atule And Ors
2021 Latest Caselaw 239 Bom

                                       -1-

     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT A URANGABAD

                   916 CIVIL APPLICATION NO.8657 OF 2020
                            WITH CA/8659/2020
                            WITH CA/8663/2020
                            WITH CA/8669/2020
                            WITH CA/8665/2020
                            WITH CA/8661/2020
                            WITH CA/8667/2020

         THE EX. ENGINEER, OSMANABAD MEDIUM PROJECT DIV.
                             OSMANABAD
                               VERSUS
                   VITTHAL CHAMAJI ATULE AND ORS
                                   ...
               Advocate for Applicant : Kulkarni Mukul S.
              AGP for Respondents-State : Shri S.J. Salgare
                                   ...

                                     CORAM : M. G. SEWLIKAR, J.

                                     DATE     : 06th JANUARY, 2021.

PER COURT :

1. Issue notice to the respondents.

2. Learned AGP waives service of notice for respondent-

State.

3. Shri Kulkarni, learned counsel for the applicants

submits that the reference Court has awarded interest from the

date of possession under Section 23 (1A). He submits that in view

of the judgment in the case of State of Maharashtra v.

Kailash Shiva Rangari - 2016 SCC Online Bom. 2236. It is held

that,

"interest ought to have been awarded from the date of passing of an award and not from when possession of the acquired lands were taken."

4. Shri Kulkarni, learned counsel for the applicants further

submits that award be stayed on depositing of 60% of the amount

of the enhanced compensation. The learned AGP has no objection

for the same.

5. The impugned award dated 05/03/2019 passed by the

Reference Court, Osmanabad bearing No. 174 of 2015, is stayed till

disposal of the appeal, subject to depositing of the 60% of the

amount of compensation.

( M. G. SEWLIKAR ) JUDGE

mahajansb/