The Ex. Engineer, Medium Project ... vs Bajirao Vishwanath Gaikwad
2021 Latest Caselaw 12956 Bom

                                                              F.A. No.1486/2020
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                   FIRST APPEAL NO.1486 OF 2020 WITH
                   CIVIL APPLICATION NO.7513 OF 2017


 Executive Engineer, Medium Project
 Division, Osmanabad & anr.                          ... APPELLANT
          VERSUS
 Bajirao Vishwanath Gaikwad                          ... RESPONDENT
                               .......
 Mr. B.A. Shinde, Advocate for appellant
 Mr. A.B. Chate, A.G.P. for State
 Mr. S.A. Wakure, Advocate for respondent
                               .......


                                  CORAM :       R. G. AVACHAT, J.
                                  DATE :        9th September, 2021
 PER COURT :


                  Learned counsel for the acquiring body submits

 that, the enhancement made by the Reference Court is more

 than four times. The interest has also been awarded from the

 date of notification under Section 4 of the Land Acquisition Act

 instead of from the date of the award passed by the Special

 Land Acquisition Officer.



 2.               Perused the impugned award and the judgment as

 well to find that the enhancement is little over four times of

 the amount offered by the Special Land Acquisition Officer.




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                                                        F.A. No.1486/2020
                                   :: 2 ::


 The enhancement is little over four times of the amount of

 compensation offered by the Special Land Acquisition Officer,

 to be precise, it is more by Rs.60/- per R.            in view of the

 same, I am not inclined to interfere with the enhancement of

 compensation by the Reference Court.



 3.               However, the Reference Court has awarded the

 interest from the date of notification instead of from the date

 of award by the Special Land Acquisition Officer. The same is

 in breach of the Full Bench judgment of this Court in case of

 State of Maharashtra Vs. Kailash Shiva Rangari [2016 (3)

 Mh.L.J. 457].           The impugned award, therefore, needs to be

 modified to that extent only. Hence the order :-


                                  ORDER

4. Clause 4 of the impugned award is modified as

under :-

(i) The claimants in both petitions are also entitled to

recover solatium at the rate of 30%, interest @ 9% p.a. for

first year and @ 15% p.a. for the subsequent years on the

enhanced compensation amount from the date of award of the

Special Land Acquisition Officer i.e. 27/12/1999.

F.A. No.1486/2020 :: 3 ::

(ii) Rest of the terms of the impugned award to stand

unaltered.

(iii) The amount in deposit be paid to the applicant in

terms of the modified award and the balance amount, if any,

be paid back to the acquiring body along with interest accrued

thereon.

(iv) In view of disposal of the First Appeal, Civil

Application stands disposed of.

( R. G. AVACHAT ) JUDGE

fmp/-