Raghunath Hira Gaikwad vs The Ex. Engineer, Medium Project ...
2021 Latest Caselaw 12962 Bom

                                                              F.A. No.1487/2020
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                   FIRST APPEAL NO.1487 OF 2020 WITH
                   CIVIL APPLICATION NO.7511 OF 2017


 Executive Engineer, Medium Project
 Division, Osmanabad & anr.                          ... APPELLANT
          VERSUS
 Raghunath Hira 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
                               .......

                                 WITH
                 CIVIL APPLICATION NO.2346 OF 2021 IN
                     FIRST APPEAL NO.1487 OF 2020


 Raghunath Hira Gaikwad                              ... APPLICANT
          VERSUS
 Executive Engineer, Medium Project
 Division, Osmanabad & anr.                          ... RESPONDENTS

                               .......
 Mr. S.A. Wakure, Advocate for applicant
 Mr. B.A. Shinde, Advocate for respondent No.1.
 Mr. A.B. Chate, A.G.P. for respondents No.2
                               .......

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


                  Learned counsel for the parties to this appeal

 submit in one hold that, the enhancement is not more than




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                                                       F.A. No.1487/2020
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 four times of the amount of compensation offered by the

 Special Land Acquisition Officer. The State has a policy not to

 prefer appeal in such cases. No exception is made out. It is,

 however, submitted that, the interest has been awarded from

 the date of notification and 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]. In view of

 the same, the appeal stands disposed of ion terms of the

 following order:-


                                ORDER

2. 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.

(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,

F.A. No.1487/2020 :: 3 ::

be paid back to the acquiring body along with interest accrued

thereon.

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

Applications stand disposed of.

( R. G. AVACHAT ) JUDGE

fmp/-